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B-247346 1 (1992-06-24)

handle is hein.gao/gaobadocf0001 and id is 1 raw text is: iS S Comptroller General of the United States Washington ,,,20549 ?10S Decision Matter of: Simon F. Kula File: B-247346 Date: June 24, 1992 DIGEST The amount of an overpayment received by an employee for house purchase expenses must be considered in determining the amount of reimbursement the employee is entitled to receive for other expenses incurred in connection with a permanent change of station, even though the erroneous payment was waived, While the waiver extinguishes the underlying debt arising from the erroneous payment, the amount of the payment should nevertheless be set off in determining the amount of reimbursement due the employee for other relocation expenses. The Department of the Army requests a decision on whether it may offset a payment for a certain portion of relocation expenses otherwise due an employee by the amount of an erroneous payment previously received by that employee for other relocation expenses which has been waived by our Office. For the following reasons, we hold that the Army may set off the erroneous payment against the amount due. Mr. Simon K. Kula, an Army employee, was granted waiver of erroneous relocation expense payments to him totaling $1,347.50 underf5 U.S.C. § 5584 (1988) by our Claims Group, acting on behalf of the Comptroller General, in Settlement Certificate, Z-2905121, August 29, 1990. He was also entitled to reimbursement for additional relocation expenses incident to the same permanent change of station,' The Army explains that the overpayment was made to Mr. Kula in connection with the purchase of a residence (a dwelling only), and at that time Mr. Kula entered into a leasehold agreement for the parcel of land that the dwelling was situated on. The Army reports that it is a common real 'When Mr. Kula's waiver request was transmitted to GAO on August 23, 1990, the Army did not advise our Claims Group that Mr. Kula had another claim pending on the same real estate transaction.

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