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B-204974 1 (1982-06-24)

handle is hein.gao/gaobadklh0001 and id is 1 raw text is: 0E rIv.)JN Or- . LJ ! ITL D BTATFO 4WA'HaG7N . 3. 0 5 4i13 FILE: B-.204974 DATE: June 24, 1982 MATTER OF, Seymour Zirin DIGE ST; Where an individual receives a lump-stum payment part of which is erron4ous and he is promptly notLified of the mistake and asked to refund the mney, the fact that. lie was without fault dons not provide a basis for granting waiver since It would not be acyainst, equity and good conscience and would be in the best interests of the United StaLes to recover the money. This acton is the result of an appeal by Mr. Seymour Zirin of a settlement of outr Claims Group denying his request for waiver of his debt to the United States In the riount of $861,.74. The debt arose as a result of 2n erroneous payment fot compensatory leave included in a lump-sum paynent of $11,912.20. 11;s request for waiver is denied for the following reasons. The payment occurred at the Lime of Mr. Zirin's retire- ment frorm the United States civil service at grade GS-14 with over 37 years of service. FollowiJng his retirement he received a lump-sum payment for I regular workday and accrued annual and compensatory leave. The erroneous payment resulted from the agency's failure to consider the fact that by opera- tLion of the law the.amout. he could be paid for the compensa- tory leave was limited. The lump-sum check he received was dated January 16, 1981. Tt appears that he was notified of the error 411 his lump-sum payment b' the certifying officer on Pebruary 9, 1981, through a telephone conversation. A letter from the certifying officer explaining the error and requestng refund of the erroneous payment was also sent on that date, Mr. Zirin says he did not receive the letter until February 18, 1981. Upon receiving the request f.Jr refund, Mr. Zirin asserted that he was withotft fault in the aiitter and thus should he granted a waiver of the debt. H.. said that the money, apparently the lump-sum pZyent , wa:; unavailable since he had invested it. Subsequently his requa!;L for waiver was r-eferled t- the Claim.; Group ol L,1i r : for consideration. ills reque4 t was den ed on the basI s thatL a;; I nl': *a l with n3 r,.uch Fe6eral serv 1. e as he hd and who od app Intly worked for compeinsat.,ry Lime throluihot Uh? career must

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