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B-212361 1 (1984-02-13)

handle is hein.gao/gaobadlnk0001 and id is 1 raw text is: eTHE COMPTROLLER GENERAL DECISION IT OP THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-212361 DATE: February 13, 1984 MATTER OF: Alfred P. Feldman - Waiver of Overpayment of Pay - Erroneous Within-Grade Increase DIGEST: Employee was twice reduced in grade, due to several reductions in force, from a GS-13, step 8, to a GS-11, step 10. He was granted a retained salary rate at GS-13, step 8, for 2 years with a further extension due to a subsequent downgrade. Agency erroneously granted employee a within-grade increase at the end of the 3-year waiting period between GS-13, steps 8 and 9, although 5 C.F.R. S 531.515 (1976), provides that an employee with a retained rate is eligible for a within- grade increase only in the grade in which he is serving and only on the rate selected at the time of demotion. Employee was not at fault in accepting and retaining the overpayment of pay and collection is waived under the provisions of 5 U.S.C. S 5584 (1976), since employee may not reasonably be expected to have been aware of the regulation and effect of a reduction in force on the waiting period between step increases. This decision is in response to an appeal by Mr. Alfred P. Feldman, a former civilian employee of the Walter Reed Army Medical Center, Department of the Army, from the settlement action by our Claims Group, Settlement Certificate Z-2805214, issued on January 11, 1980, which denied his request for waiver of the claim against him by the United States in the amount of $655.20. The claim represents an overpayment of pay made to him by the granting of a within-grade increase after he was reduced in grade during a reduction in force. The basis for the settlement action was that, although Mr. Feldman may reasonably have been confused as to his entitlement to a periodic step increase after his reduction to a lower grade, by virtue of 'r; v1 r - I - 1--v

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