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B-227322 1 (1988-09-19)

handle is hein.gao/gaobadnfj0001 and id is 1 raw text is: OER The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Hawley E. Thomas - Salary Overpayments - Waiver File: B-227322 Date: September 19, 1988 DIGEST Waiver must be denied when an employee was aware that he was being overpaid after an erroneous within-grade step increase. Although the employee immediately notified the agency and although long administrative delays resulted before correction of the overpayment occurred, we have consistently held that when an employee is aware of an error the employee cannot reasonably expect to retain the overpayment. DECISION This action is in response to an appeal by Mr. Hawley E. Thomas of our Claims Group settlementl/ denying his request tor waiver of overpayments caused by an erroneous within- grade step increase. For the reasons indicated below, we hold that the employee may not be granted waiver of the overpayments. BACKGROUND In April 1980, Mr. Thomas, who was a grade GS-12, step 6 employee in the Department of the Interior's Bureau of Land Management, was erroneously granted a within-grade step increase one full year in advance of the required time-in- grade to achieve a step 7. The employee was aware of the error almost immediately and informed a personnel clerk and his supervisor of the mistake. But, because of long administrative delays, Mr. Thomas continued to receive overpayments from April 20, 1980, through July 10, 1982, when the erroneous within-grade increase was finally corrected. As a result, the employee was overpaid $2,046.53. 1/ Z-2794910, Sept. 13, 1985. CIe 5

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