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B-224647 1 (1987-09-28)

handle is hein.gao/gaobadmwb0001 and id is 1 raw text is: 0L Aa The Comptroller General 0 of the United States Washington, D.C. 20548 Decision Matterof: Richard J. Waldman - Travel, Transportation and File: Living Quarters Allowance - Waiver B- 2246 47 Date: September 28, 1987 DIGEST 1. National Security Agency employee transferred to overseas post is not entitled to any travel, transporta- tion or relocation expenses, overseas living quarters allowances, or supplementary post allowances, erroneously paid by the agency on account of employee's dependent son. Son was in sole legal custody of employee's former spouse by virtue of a court order and was therefore not a member of the employee's household as required by the pertinent regulations. 2. With enactment of Public Law No. 99-224, December 28, 1985, the waiver authority in 5 U.S.C. § 5584 has been extended to include erroneous payments of travel, transportation and relocation expenses and allowances. This amendment is not retroactive, so the expanded waiver authority applies only to overpayments made on or after December 28, 1985. The Comptroller General lacks jurisdiction to consider waiver of over- paid travel and transportation expenses and supplementary post allowances for National Security Agency employee's minor son in connection with employee's overseas transfer, since such expenses were paid prior to the December 28, 1985, effective date of the expanded waiver act coverage. 3. Waiver of overpayments covering living quarters allowance for employee's non-dependent son is denied since misinformation concerning the status of minor sons which the employee provided to agency authorizing offi- cials in connection with his request for overseas transfer allowances constitutes fault on the part of employee within the meaning of 5 U.S.C. § 5584(b)(1) (1982). This provision precludes the Comptroller General from exercising equitable waiver authority where the employee was at fault in provid- ing erroneous information that gave rise to the erroneous payment. 0 <oc23

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