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B-212831 1 (1983-12-13)

handle is hein.gao/gaobadllx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECIION . OP THE UNITED STATES 4WASHIENGTON. 0. C. 20546 FILE: B-212831 DATE: December 13, 1983 MATTER OF: Robert D. Keesling DIGEST: An employee changed to a lower wage grade due to a reduction in force was entitled to retained pay for 2 years. The employee con- tinued to receive the pay of the higher wage grade after the expiration of 2 years and was charged the difference between the pay received and the correct amount due. He has requested waiver of the erroneous overpay- ment of pay under 5 U.S.C. S 5584. Waiver is denied since he is partially at fault in failure to contact appropriate officials for an explanation when his pay did not decrease after the expiration of the retained pay period. Mr. Robert D. Keesling requests reconsideration of our Claims Group's denial of his application for wai- ver of erroneous payments of pay in the amount of $1,813.60. The overpayments resulted from a failure to reduce his pay after the expiration of 2 years of re- tained pay. Since the employee knew or should have known that his pay would decrease and failed to contact appropriate officials for an explanation when it did not, he is partially at fault in the overpayment, thus precluding waiver. Mr. Keesling, an employee of the Indiana Air National Guard, was changed due to a reduction in force from a supervisory grade, WS-6, step 5, to a nonsuper- visory grade, WG-11, step 5, effective April 30, 1976. However, rather than having his pay immediately reduced to the WG-11, step 5 level, he was entitled to retained pay at the higher equivalent grade and nearest rate of WG-15, step 5, for 2 years. He was advised of the down- grading and his entitlement to retained pay by letter of February 27, 1976. In addition, he was issued a stan- dard form 50, Notification of Personnel Action, dated April 15, 1976, advising him of his change in grade, his new pay rate, and his entitlement to retained pay for

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