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B-207355 1 (1982-10-07)

handle is hein.gao/gaobadkrb0001 and id is 1 raw text is: 

                    THU COMPTROLLER GENERAL
*S*o rC, THE uNIrE =STATES
               f    WAWMINOTCNo 0,0, 9054U


FILE:


B-207355


MATTER a

DI3EBT:


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               DATE: October 7, 1982

Mr. Charles E Clark


Travel advance outstanding and not
liquidated at time of former employee's
retirement is not an overpayment of pay or
allowances and therefore, may not be con-
sidered for waiver under the authority of
5 U.S.C*e5584.Under 5 U.S.C. 5705 and
given the Government's right as a creditor
to use monies due the individual to reduce
or extinquisn a debt due the Government,
expenses due former employee for invita-
tional travel performed subsequent to
retirement are subject to setoff against
indebtedress for unliquidated travel
advance.


     This action is in response to a request for
decision from an authorized certifying officer, Equal
Employment apportunity Commission, concerning the
Commission's authority to set off a claim for travel
expenses incurred by a former employee subsequent to
his retirement, against an indebtedness arising out
of a travel advance to him prior to his retirement.
In addition, we are asked whether recovery of the
unliquidated travel advance be waived.

     For the reasons stated below, the indebtedness
may not be waived and may be collected by setoff.

     At the Commission's request Mr. Charles E.
Clark, a former Regional Director with the
Commission, performed invitational travel in 1981 to
appear as a witness on behalf of the Commission at a
Federal District Court trial.   As a result of .that
travel, he !;,curred expenses for which he soug'ht
reimbursement* It is reported that The Commissio.i's
financial brinch approved reimbursement in the amount
of $285.35. Hfowever, during processing of his travel
voucher it was discovered that he had an outstanding
debt to the United States in the amount of $707.53,
which represented the uuliquidated portion of a


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