About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-201183 1 (1981-09-03)

handle is hein.gao/gaobadjru0001 and id is 1 raw text is: THE COMPTROLLER QENERAL OECISION . OF THE UNITED STATES 2 WAS H I NGTO N,. 0 C. 20548 FILE: B-201183 DATE: September 3, 1981 MATTER OF: John E. Schrote - Refund of Erroneous Deductions for Life Insurance - Statute of Limitations - Interest DIGEST: Employee may be refunded Federal Employees' Group Life Insurance premiums erroneously deducted for optional insurance for which he was ineligible. However, no interest is allowable on refund and there may be no repayment for erroneous deductions made more than 6 years before claim was filed with GAO. Such repayment is time barred under 31 U.S.C. 71a. Deductions were made from the pay of Mr. John Schrote, while he was employed by the Department of Agriculture between July 1, 1973, and August 25, 1976, for premiums believed due on optional life insurance coverage under Federal Employees' Group Life Insurance (FEGLI). The total amount of the deductions was approximately $87. Mr. Schrote's claim for refund of the deductions was first received in the General Accounting Office on February 21, 1980, by our Claims Group, and he was advised that deductions made from his pay for optional life insurance more than 6 years prior to that date could not be refunded to him. We agree with this conclusion. Mr. Schrote considers the erroneous deductions to be an unjustified or unwarranted personnel action. He believes that they are held in trust for him, or are otherwise his assets, so that his claim for deductions is not time barred 6 years after deductions were made. We have held that erroneous deductions of FEGLI premiums from the pay of an employee who was ineligible for insurance should be refunded. Refund of Life Insurance Premiums, B-198115, October 21, 1980. Consequently, Mr. Schrote is entitled to a repayment. However, he may not be repaid the erroneous deductions madp more than 6 years before he filed his claim with the General Accounting Office on February 21, 1980. The Act of October 9, 1940, 54 Stat. 1061, as amended by section 801 of the General Accounting Office Act of 1974, approved January 2, 1975, Public Law 93-604, 31 U.S.C. 71a, prohibits the consideration of any claim not received in the General Accounting Office within 6 years after the date that claim first accrued. See Nancy E. Howell, B-203344, August 3, 1981. • I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most