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B-208064 1 (1983-01-25)

handle is hein.gao/gaobadkvm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OF THE UNITED STATES WASHiNGTON. DC. 20548 FILE: B-208064 DATE: January 25, 1983 MATTER OF: Lissa A. Martinez - Refund of Training Expenses - Breach of Service Agreement DIGEST: Employee of the Maritime Administration signed the required service agreement and received training at Government ex- pense. She resigned prior to the time stipulated in the agreement and repaid the Government for her training expenses as required by 5 U.S.C. S 4108. The agency may not refund the money already collected from her when it subsequently rehired her since the debt was extinguished, the Government was made whole, and no right of recovery remains. This decision is in response to a request from Phillip M. Hudson, Jr., Chief of the Division of Accounting Operations and an authorized certifying officer of the Maritime Administration, concerning the propriety of refunding money paid to the agency by an employee as a result of a breach of a training service agreement. The issue we are presented is whether an employee who breaches a service agreement by failure to stay the requisite period of time with the agency can be reim- bursed for training expenses where collection has been effected and the employee is later rehired by the agency. We hold that the agency may not refund the amounts collected upon reemployment of the individual since the debt was extinguished, and no right of recovery remains. As an employee of the Maritime Administration, Ms. Lissa A. Martinez was trained at Government expense at the Massachusetts Institute of Technology. She signed the required service agreement. See 5 U.S.C. S 4108 (1976). The agreement obligated her to continue in the employment of the Maritime Administration, Department of Commerce, for 36 months. The obligation was to begin at the end of the training period.

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