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B-235501 1 (1989-06-23)

handle is hein.gao/gaobadnmf0001 and id is 1 raw text is: 2The Comptroller General of the United States Wasbinpon, D.C. 20548 Decision Matterof- Admiral James D. Watkins, USN, (retired) File: B-235501 Date: June 23, 1989 DIGEST A retired regular officer of the Navy who received erroneous payments of retired pay because of administrative error by government employees in not reporting his civilian employment to the Navy may be granted waiver of his debt under 10 U.S.C. S 2774, since he asked on at least two occasions and was assured that his employment had been reported and consistent with his understanding of the law had no reason to suspect he was being overpaid. DECISION A retired regular officer of the Navy, Admiral James D. Watkins, requests a waiver under 10 U.S.C. S 2774 of the United States' claim against him, which resulted from his receipt of erroneous payments of retired pay. The erroneous payments were caused by failure to apply the dual compensa- tion law, 5 U.S.C. S 5532, when he was employed in a civilian position with government. The retired officer was appointed to a temporary government commission under 5 U.S.C. S 3109. His pay was set at the daily rate for Level IV of the Executive Schedule. Since this appointment is considered a position within the meaning of that term as used in 5 U.S.C. S 5532, his retired pay should have been limited in accordance with that law. That law requires a reduction of retired pay in accordance with a formula set out in the statute when a retired regular officer is employed in a position with the government. Additionally, 5 U.S.C. S 5532 requires a reduction in retired pay when the combined compensation of the civilian position and the retired pay reduced under the formula exceeds Level V of the Executive Schedule in a pay period. 0q 5 5 '39-73

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