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B-218981 1 (1986-10-07)

handle is hein.gao/gaobadmmy0001 and id is 1 raw text is: LAA o0 The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Erik Brett Sager - Reconsideration File: B-218981 Date: October 7, 1986 DIGEST Employee of the Department of the Interior requests reconsid- eration of the denial of his request for waiver of an over- payment he received when he was erroneously credited with a cost-of-living allowance in Alaska. He suggests that since he took responsibility for calling attention to this overpay- ment resulting from an administrative error, waiver should be granted. If, however, an employee is cognizant of an error, even t*hodgh he.may inform the employing agency of the error, in the absence of official notice that the payments were not in error, the employee cannot reasonably expect to retain the overpayment. Hence, in this case the denial of waiver is sustained. DECISION This action is in response to a request for reconsideration by Erik Brett Sager, of our decision Erik Brett Sager, B-218981, March 24, 1986. In that decision, we denied waiver of overpayments made to Mr. Sager on the basis that he should have suspected the existence of an error and was at fault in failing to take corrective action. He has requested a recon- sideration of the matter, suggesting that we give due regard to the fact that he did not cause the error, and reasserting that he took action to contact the proper authorities when he received an unexpected increase in the amount of his paycheck. The facts now presented by Mr. Sager are substantially the same as those he presented in the original application for waiver. He argues that, contrary to information furnished to us in his agency's report in the matter, he did in fact bring the error to the attention of the appropriate authorities, and since the overpayment was due to an administrative error, the claim against him should be waived. With regard to the alleged discrepancies between the facts as presented. by Mr. Sager and the facts as presented by the agency, when czic

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