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B-226465 1 (1988-03-23)

handle is hein.gao/gaobadnar0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: sheldon H. Avenius, Jr. - Waiver of Overpayment of Salary - Health Insurance Premiums File: B-226465 Date: March 23, 1988 DIGEST An agency inadvertently stopped deducting health insurance premiums from the salary of an employee who was transferred to an overseas duty station in late 1977, and the error continued until 1982. Although there is no evidence of fraud, misrepresentation, or lack of good faith on the part of the employee, we conclude that he was partially at fault in the continuation of the overpayment. The employee should have reviewed his earnings and leave statements to ascertain whether his health insurance premiums were being deducted from his salary and why his salary had increased as a result of the failure to make such deductions. Thus, waiver of the overpayment is denied. DECISION This decision is in response to an appeal by Mr. Sheldon H. Avenius, Jr., an employee of the United States Information Agency (USIA), from the settlement action by our Claims Group, Z-2858691, June 12, 1985. That settlement denied waiver of an overpayment of salary in the gross amount of $1,941.42 to Mr. Avenius. The overpayment was caused by the agency's failure to deduct health insurance premiums from the employee's pay during the period January 15, 1978, through January 8, 1982. For the reasons stated later in this decision, we affirm the settlement action by our Claims Group. BACKGROUND Mr. Avenius was transferred from Washington, D.C., to Brazil on October 23, 1977, and he continued to receive his payments of salary from the USIA payroll office through pay period No. 26 which ended on December 31, 1977. Effective January 1, 1978, Mr. Avenius was paid by the Washington -2-

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