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B-207740 1 (1983-02-04)

handle is hein.gao/gaobadkwi0001 and id is 1 raw text is: OL.I THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON. O.C. 20548 FILE: B-207740 DATE: February 4, 1983 MATTER OF: Larry G. Lehecka - Waiver of Overpayment of Pay - Erroneous Step Increase DIGEST: Employee was erroneously granted step increase to step 5 prior to completion of 104 weeks of service in step 4, as required by 5 U.S.C. S 5335(a)(2) (1976). Request for waiver of erroneous payments under provisions of 5 U.S.C. S 5584 (1976) is granted where overpayment resulted from administrative error, through no fault of employee, and record does not clearly establish that employee knew or should have known of proper waiting periods between step increases. This decision is in response to a request for recon- sideration by the Navy Accounting and Finance Center of our Claims Group's settlement Z-2829597-121, dated March 5, 1982, which granted a request for waiver by Mr. Larry G. Lehecka under 5 U.S.C. S 5584 (1976). The claim against Mr. Lehecka by the United States in the amount of $2,256, represented the aggregate overpayments of pay made to him resulting from a premature granting of a within-grade increase. Mr. Lehecka is an employee of the Department of the Navy, Pacific Missile Test Center, Point Mugu, California. The basis for the settlement action was that Mr. Lehecka reasonably could have assumed that the within- grade increase he received on January 11, 1970, was correct since his previous career history showed that he had never experienced a 2-year waiting period for a within-grade increase. Therefore, he could not have been expected to have known at the time that he was being overpaid. Conse- quently, the Claims Group concluded that collection of the indebtedness would be against equity and good conscience. For the reasons stated below, we conclude that the Navy's request for reconsideration should be denied, and the granting of waiver should be sustained.

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