B-148337, JAN. 8, 1969
Highlights
WHICH WAS THE SUBJECT OF SEVERAL PRIVATE RELIEF BILLS. WHICH WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON JULY 11. ASHLEY WAS TRANSFERRED FROM AN UNGRADED POSITION TO A POSITION UNDER THE CLASSIFICATION ACT. ASHLEY'S UNGRADED RATE OF COMPENSATION WAS SAVED TO HIM BECAUSE IT WAS HIGHER THAN THE MAXIMUM SCHEDULED RATE IN THE GS POSITION TO WHICH HE TRANSFERRED. THIS ACTION WAS IN ACCORDANCE WITH THE REGULATIONS OF THE CIVIL SERVICE COMMISSION. WE HELD THAT IT WAS BEYOND THE SCOPE OF THE AUTHORITY OF THE CIVIL SERVICE COMMISSION TO PROVIDE BY REGULATION FOR THE SAVING OF A SALARY RATE ABOVE THE MAXIMUM SCHEDULED RATE OF THE GRADE TO WHICH A POSITION HAS BEEN REDUCED UPON RECLASSIFICATION FROM A HIGHER GRADE.
B-148337, JAN. 8, 1969
TO MR. SECRETARY:
WE REFER TO THE INDEBTEDNESS OF MR. VICTOR L. ASHLEY IN THE AMOUNT OF $3,708.80 ARISING FROM THE OVERPAYMENTS OF SALARY FOR THE PERIOD JANUARY 27, 1957, THROUGH OCTOBER 1, 1961, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, GREEN COVE SPRINGS, FLORIDA, WHICH WAS THE SUBJECT OF SEVERAL PRIVATE RELIEF BILLS, THE LAST ONE BEING H.R. 10414, 90TH CONGRESS, 1ST SESSION, WHICH WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON JULY 11, 1967.
EFFECTIVE JANUARY 27, 1957, MR. ASHLEY WAS TRANSFERRED FROM AN UNGRADED POSITION TO A POSITION UNDER THE CLASSIFICATION ACT. UPON TRANSFER, MR. ASHLEY'S UNGRADED RATE OF COMPENSATION WAS SAVED TO HIM BECAUSE IT WAS HIGHER THAN THE MAXIMUM SCHEDULED RATE IN THE GS POSITION TO WHICH HE TRANSFERRED. THIS ACTION WAS IN ACCORDANCE WITH THE REGULATIONS OF THE CIVIL SERVICE COMMISSION. IN OUR DECISION OF 35 COMP. GEN. 251, WE HELD THAT IT WAS BEYOND THE SCOPE OF THE AUTHORITY OF THE CIVIL SERVICE COMMISSION TO PROVIDE BY REGULATION FOR THE SAVING OF A SALARY RATE ABOVE THE MAXIMUM SCHEDULED RATE OF THE GRADE TO WHICH A POSITION HAS BEEN REDUCED UPON RECLASSIFICATION FROM A HIGHER GRADE. SIMILARLY, IN OUR DECISION OF AUGUST 2, 1957, B 104080, WE HELD THAT THE COMMISSION'S REGULATION COULD NOT SAVE COMPENSATION GREATER THAN THE MAXIMUM SCHEDULED RATE OF THE CLASSIFICATION ACT GRADE IN WHICH AN EMPLOYEE IS PLACED FOLLOWING THE CONVERSION OF HIS UNGRADED POSITION TO A POSITION UNDER THE CLASSIFICATION ACT OF 1949, AS AMENDED.
PUBLIC LAW 90-616 OF OCTOBER 21, 1968, 82 STAT. 1212, 5 U.S.C. 5584, PROVIDES THAT ONLY THE COMPTROLLER GENERAL MAY WAIVE OVERPAYMENTS OF PAY AGGREGATING MORE THAN $500 ARISING ON OR AFTER JULY 1, 1960. AS OF NOVEMBER 30, 1968, MR. ASHLEY HAD REPAID $3,200 OF HIS INDEBTEDNESS. HAS BEEN DETERMINED THAT $991.04 OF MR. ASHLEY'S INDEBTEDNESS RELATES TO THE PERIOD JULY 1, 1960, THROUGH OCTOBER 1, 1961, THAT PERIOD WHICH MAY BE CONSIDERED FOR WAIVER PURPOSES UNDER 5 U.S.C. 5584. OF THIS AMOUNT, $482.24 HAS BEEN COLLECTED FROM MR. ASHLEY AND $508.80 OF THIS INDEBTEDNESS WAS OUTSTANDING AS OF NOVEMBER 30, 1968.
UNDER THE AUTHORITY CONFERRED BY PUBLIC LAW 90-616 OF OCTOBER 21, 1968, AND UPON CONSIDERATION OF THE FACTS SURROUNDING THE OVERPAYMENTS, WE HEREBY WAIVE THAT PART OF THE CLAIM OF THE UNITED STATES AGAINST MR. ASHLEY ($991.04) WHICH WAS INCURRED ON AND AFTER JULY 1, 1960. THE DEPARTMENT SHOULD INFORM MR. ASHLEY OF OUR ACTION AND THAT HE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM FOR REFUND OF ANY AMOUNTS COLLECTED FROM HIM BECAUSE OF THE SALARY OVERPAYMENTS INCURRED ON AND AFTER JULY 1, 1960.
THE COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, AND CONGRESSMAN DON FUQUA, WHO INTRODUCED H.R. 10414, HAVE BEEN ADVISED OF THE FOREGOING.