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B-202213 1 (1981-09-10)

handle is hein.gao/gaobadjsa0001 and id is 1 raw text is: B-202213 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: September 10, 1981 MATTER OF: Genevieve O'Leary DIGEST: Waiver under 5 U.S.C. 5584 of overpayment may not be granted to employee who had reason to know that deductions should have been made from pay for regular Federal Employees Group Life Insurance. Not hav- ing signed a waiver of insurance the employee automatically had regular insurance and should have noted that insurance cover- age was indicated on a standard form she signed, and on a Notice of Personnel Action she received. In this case we hold that Mrs. Genevieve F. O'Leary, a civilian employee of the United States Marine Corps, may not be granted a waiver of erroneous payments made to her as a result of her employing office's failure to deduct from her pay amounts for Federal Employees' Group Life Insurance. This decision sustains a denial of her application for waiver under 5 U.S.C. 5584, made by our Claims Group on October 17, 1980. Mrs. O'Leary accepted a temporary appointment in a Civil Service position on April 23, 1973, following an extended break in service. She states that she was informed at the time of employment that she was ineligible for either regular or optional insurance. Nevertheless, at the time of conver- sion of her appointment to career-conditional, an employment clerk checked Block B of item 3 on Standard Form 176 (Elec- tion, Declination, or Waiver of Life Insurance Coverage), indicating Mrs. O'Leary's intention to take regular, but not optional, insurance. The employment clerk asked her to sign the form, which she did on June 27, 1973. Evidently she did not read Block B because she states that she signed believing she was not to receive regular insurance, even though Block B stated to the contrary. The file also includes a Standard Form 50 (Notification of Personnel Action) converting Mrs. O'Leary from a temporary appointment to reinstatement of a career-conditional appointment effective June 27, 1973. This form, a copy of which she evidently received, indicated in item 9 that she had regular insurance coverage. OECISION FILE:

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