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B-215831 1 (1984-10-18)

handle is hein.gao/gaobadlyv0001 and id is 1 raw text is: 4.11 THE COMPTROLLER GENERAL I IC1ION . OP THE UNITED STATUE WASHINQTON. O.C. 2054U FILE: B-215831 DATE: October 18, 1984 MATTER OF: Henry B. Jenkins -- Waiver of Overpayment of Severance Pay OIGEST: An employee, who received severance pay following separation due to a reduction in force, was later granted a retroactive dis- ability retirement. Payment of the retro- active retirement annuity resulted in an erroneous overpayment of the severance pay. Repayment of the total amount of severance pay is waived under 5 U.S.C. S 5584 (1982) where there is no evidence the employee knew or should have known of the overpay- ment either when he received the severance payments or when he received the retroac- tive annuity payment. B-166683, May 21, 1969, distinguished. This responds to the request of Mr. Henry B. Jenkins for waiver of repayment of severance pay he received after his position within the Economic Development Administra- tion (EDA) was eliminated in November 1980. Mr. Jenkins was later granted a retroactive disability retirement, and thus the severance pay became an overpayment. We find that the overpayment may be waived, as described more fully below. In April 1980, Mr. Jenkins, a Public Information Officer for the EDA, applied for disability retirement, and he used his accumulated sick leave and annual leave from April 1980, until October 10, 1980. In September 1980, the Office of Personnel Management (OPM) denied his request for a disability retirement. Mr. Jenkins appealed the OPM determination. In November 1980, Mr. Jenkins' job was eliminated pursuant to a reduction in force. He was separated from the EDA and started receiving severance pay in November 1980. For the period from November 1980 to November 1981, Mr. Jenkins received $50,112.50 in severance pay. He received unemployment compensation thereafter. In January 1982, OPM again denied Mr. Jenkins' request for disability retirement. However, in May 1982, the Merit Systems Protection Board reversed and ordered 03031J7

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