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B-239660 1 (1990-10-17)

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Comptrolier General
of the United States
Washington, D.C. 2054

Decision


Matter of: Thelma M. Woodland


File:

Date:


B-239660

October 17, 1990


DECISION

Ms. Woodland, an employee of the Department of Health and
Human Services, Office of Community Services, appeals a
Claims Group settlementl/ which denied her request for a
waiver under the provisions of 5 U.S.C. § 5584 (1988). The
Claims Group denied waiver of severance pay, lump-sum annual
leave payments, and retroactive retirement payments totaling
$30,194.34, which were deducted from her backpay award, since
a deduction of the payments did not result in a net indebted-
ness to the government.

The Claims Group properly applied our established rule
regarding waiver of lump-sum payments. The payments
enumerated by Ms. Woodland are subject to waiver only to the
extent that the deduction of the payments exceeds the amount
of the backpay award and results in a net indebtedness to the
government. Victor Crichton, 66 Comp. Gen. 570 (1987);
Jeffrey Kassel, 65 Comp. Gen. 865 (1986); Cassandra B. Wyatt,
B-231943, July 14, 1989. In this case Ms. Woodland received
$14,468.30 in backpay after all deductions had been made.

Accordingly, there is no net indebtedness to be waived, and
the denial of waiver is sustained.


James F. Hirf~m
General Counsel


1/ Z-2892177-121, June 21, 1988.


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