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B-230903 1 (1988-10-07)

handle is hein.gao/gaobadnfx0001 and id is 1 raw text is: 



\The Comptroller General
       of the United States
       Washington, D.C. 2 4

       Decision


                  Damon R. Short - Underdeduction of PICA -
        Matterof- Waiver

        File:     B-230903

        Date:     October 7, 1988


        DIGEST

        The Department of the Navy is advised that it is not
        precluded from considering Federal Insurance Contributions
        Act (FICA) salary underdeductions which aggregate less than
        $500 in amount for waiver under the provisions of 5 U.S.C.
        S 5584 (1982). The corresponding overpayment of wages is
        subject to waiver.


        DECISION

        The issue we are asked to decide is whether the Department
        of the Navy is precluded from considering Federal Insurance
        Contributions Act (FICA) salary underdeductions for waiver
        under the provisions of 5 U.S.C. S 5584 (1982), since PICA
        payments are in the nature of taxes. We hold that the
        corresponding overpayment of wages resulting from such
        underdeductions is subject of waiver.

        BACKGROUND

        Mr. Damon R. Short, a former employee of the Department of
        the Navy, has requested that we consider his claim for
        waiver under the provisions of 5 U.S.C. § 5584 (1982).
        Mr. Short was converted from a temporary position to a
        career conditional position with the Navy on February 19,
        1984. At that time, he was erroneously placed under the
        Civil Service Retirement System (CSRS) instead of the new
        government retirement system provided for employees who













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