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B-201771 1 (1981-08-06)

handle is hein.gao/gaobadjpr0001 and id is 1 raw text is: a0 DECISION FILE: B-201771 MATTER OF DIGEST: THE COMPT C'cZLERGN NERAL OF THE UNITED BTATES WASHINGTON. 0.C. 20548 DATE: August 6, 1981 James F. Brown - Relocation Expenses 1. Under the Postal Reorganization Act of 1970, which established the independent Postal Service and excluded the Postal Service from the definition of an executive agency for purposes of title 5 of the United States Code, former Postal Service employees who obtain new positions with executive agencies must be considered new agency employees who are not eligible for reimbursement of the relocation expenses authorized by 5 U.S.C. 5724 and 5724a for agency employees transferred from one official station or agency to another for perma- nent duty. 58 Comp. Gen. 132 (1978). 2. Former Postal Service employee who transferred to new position in Florida with the Federal Aviation Administra- tion (FAA) must refund the relocation expenses erroneously paid incident to his move from Georgia to Florida, notwithstanding that FAA officials misadvised him about his entitlements. The United States is not bound by the mistakes of its agents or officials, and persons receiving money erroneously paid by a Government agency or official acquire no right to the money but are instead liable to make restitution. 59 Comp. Gen. 28 (1979). Mr. James F. Brown requests reconsideration of the determi- nations made by our Claims Division on June 12, 1980, that (1) he became lawfully indebted to the United States in the amount of $4,830.39 as the result of his receipt of erroneously paid relocation allowances when he was employed by the Depart- ment of Transportation in 1976; and (2) he may not be relieved of his obligation to refund those erroneous payments. In view of the facts presented, and the applicable provisions of law, we sustain our Claims Division's determinations in this matter. 60&0 1 .52

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