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[Decision Concerning Former NPS Employee's Claim for Waiver of Indebtedness]

B-224052 May 11, 1987
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Highlights

The National Park Service (NPS) requested a decision concerning an employee's claim for a waiver of indebtedness that resulted from an improper lump-sum annual leave payment. The employee resigned his position at NPS and transferred to an excepted position in another agency without a break in service. The employee requested that he not be paid for his annual leave. However, NPS improperly authorized lump-sum payment and later billed the employee for the full amount. The employee contended that his indebtedness should be waived because: (1) NPS was solely responsible for the error; (2) paying him later at a higher salary rate would result in increased cost to the government; and (3) restoration of the leave would cause an excess which he would have to forfeit at the end of the year. GAO held that a waiver was inappropriate and repayment was required because: (1) the employee knew that an error had been made and should have taken action to correct it; (2) lump-sum payment for annual leave was not permitted unless resignation and reemployment were separated by one or more working days; and (3) the employee would have 2 years from the date of restoration to use any leave that he might otherwise forfeit as a result of the error. Accordingly, the claim was denied.

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