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

B-203459 1 (1981-12-08)

handle is hein.gao/gaobadjxk0001 and id is 1 raw text is: 4 DECISION K FILE: B-203459 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 DATE: December 8, 1981 MATTER OF: Santo M. Lacagnina - Waiver of indebtedness DIGEST: Employee with both regular and optional life insurance coverage transferred between agencies. New agency erroneously deducted for only regular life insurance which resulted in overpayment. Waiver of overpayment under 5 U.S.C. § 5584 is denied since employee is not free from fault by failing to examine personnel and payroll documents which would have revealed the error. The issue in this decision is whether an overpayment resulting from the erroneous under deduction for life in- surance premiums may be waived under 5 U.S.C. § 5584 (1976). We hold that where the employee, by examination of pertinent documents should have known of the error, he is not free from fault, and waiver must be denied. This decision is in response to an appeal by Mr. Santo M. Lacagnina from our Claims Group determination (Z-2826004) denying his request for waiver of an overpayment resulting from the failure to deduct premiums for optional life in- surance. The failure to deduct premiums for optional insurance occurred when Mr. Lacagnina transferred from his position with the Department of the Navy in Gifu, Japan, to a posi- tion with the Defense Supply Agency (now Defense Logistics Agency) in Pasadena, California, effective July 2, 1972. Although Mr. Lacagnina had elected regular and optional life insurance in 1968, the D.>fense Supply Agency acknowl- edged only regular life insytance coverage on the Standard Form 50 issued upon his transfer, and the agency began deductions from his pay only for regular life insurance. The error was discovered in 1980, and the resulting over- payment was $1,595.50. Our Claims Group denied Mr. Lacagnina's request for waiver on the grounds that he received leave and earnings statements and copies of Standard Form 50's through which

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