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B-226147 1 (1987-06-02)

handle is hein.gao/gaobadmsf0001 and id is 1 raw text is: vThe Comptroller General 0 ___ of the United States Wahington, D.C. 20548 Decision Matterof. Phillip C. McGuire - Waiver of Erroneous Overpayments File: B-226147 Date: June 2, 1987 DIGEST An employee received overpayments of pay because the agency erroneously deducted only 7 percent for retirement instead of 7.5 percent for retirement as applicable for law enforcement officers. The error occurred when the employee was promoted, and, as a result of a promotion, the employee was taken off administratively uncontrolled overtime and his gross pay per pay period decreased. The employee expected his retirement withholding to decrease, and he states that he did not notice the $10.53 difference in his retirement_ deduction. Given that this is such a minor discrepancy in his withholding and that the deduction, which decreased simultaneously with his decrease in gross pay, appeared reasonable on its face, we are aware of no reason to expect or require the employee to audit the amount shown. The overpayments are waived since the employee is not at fault and could not reasonably have been expected to question the accuracy of this pay. DECISION ISSUE In this decision we hold that Mr. Phillip C. McGuire, an employee of the Bureau of Alcohol, Tobacco and Firearms (Bureau), Department of the Treasury, may be granted a waiver of erroneous payments made to him as a result of his agency's underdeduction for retirement. This decision overrules a denial of his application for waiver under 5 U.S.C. S 5584 made by our Claims Group, Z-2877995, September 8, 1986. 039

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