B-175423, DEC 11, 1972
Highlights
SO LONG AS THE REQUEST IS SUBMITTED WITHIN A 3-YEAR TIME PERIOD AFTER THE ERROR WAS FIRST DISCOVERED OR 3 YEARS IMMEDIATELY FOLLOWING OCTOBER 21. WHICHEVER IS LATER. IT IS INDICATED THAT ON JANUARY 22. THE EMPLOYEE WAS GRANTED A LONGEVITY PAY INCREASE AND. WAS PLACED IN A HIGHER SALARY RATE THAN THAT TO WHICH HE WAS ENTITLED. WHICH AMOUNT WAS RECOVERED FROM THE EMPLOYEE. IT APPEARS THAT THE REQUEST WAS MISLAID AND NO FURTHER ACTION WAS TAKEN UNTIL THE EMPLOYEE SUBMITTED A FOLLOW-UP LETTER ON SEPTEMBER 9. THEREAFTER A REVIEW OF THE EMPLOYEE'S FILE WAS NOT COMPLETED UNTIL NOVEMBER 18. HE POINTED OUT THAT THE DELAY IN ACTING UPON THE EMPLOYEE'S REQUEST WAS THE RESULT OF THE FAILURE OF THE AGENCY TO RESPOND IN A TIMELY MANNER AND NOT THE FAULT OF THE EMPLOYEE.
B-175423, DEC 11, 1972
CIVILIAN PERSONNEL - WAIVER - ERRONEOUS PAYMENTS CONCERNING THE PROPRIETY OF THE FEDERAL AVIATION ADMINISTRATION CONSIDERATION FOR WAIVER UNDER 5 U.S.C. 5584 OF AN ERRONEOUS PAYMENT OF PAY TO AN EMPLOYEE IN 1961. UNDER DATE OF OCTOBER 2, 1972, PUBLIC LAW 92-453 AMENDED 5 U.S.C. 5584 TO PROVIDE THAT THE HEAD OF AN EXECUTIVE AGENCY OR THE COMPTROLLER GENERAL MAY EXERCISE HIS AUTHORITY TO WAIVE A CLAIM ARISING OUT OF AN ERRONEOUS PAYMENT OF PAY MADE ON OR AFTER JULY 1, 1960, SO LONG AS THE REQUEST IS SUBMITTED WITHIN A 3-YEAR TIME PERIOD AFTER THE ERROR WAS FIRST DISCOVERED OR 3 YEARS IMMEDIATELY FOLLOWING OCTOBER 21, 1968, WHICHEVER IS LATER.
TO MR. PHILIP STRACHMAN:
WE REFER TO THE LETTER OF MARCH 6, 1972, FROM MR. A. K. WAALE, REFERENCE MS-430, SEEKING ADVICE AS TO WHETHER YOUR AGENCY HAS THE AUTHORITY TO CONSIDER FOR WAIVER, UNDER THE PROVISIONS OF PUBLIC LAW 90 616 (5 U.S.C. 5584), AN ERRONEOUS PAYMENT OF PAY MADE TO AN EMPLOYEE IN 1961.
IT IS INDICATED THAT ON JANUARY 22, 1961, THE EMPLOYEE WAS GRANTED A LONGEVITY PAY INCREASE AND, DUE TO AN ADMINISTRATIVE ERROR MADE AT THE TIME, WAS PLACED IN A HIGHER SALARY RATE THAN THAT TO WHICH HE WAS ENTITLED. THIS RESULTED IN A SALARY OVERPAYMENT OF $178.10, WHICH AMOUNT WAS RECOVERED FROM THE EMPLOYEE. SUBSEQUENTLY, ON FEBRUARY 12, 1969, PURSUANT TO THE PROVISIONS OF 5 U.S.C. 5584, AS ADDED BY PUBLIC LAW 90- 616, APPROVED OCTOBER 21, 1968, THE EMPLOYEE SUBMITTED A REQUEST FOR WAIVER OF THE OVERPAYMENT TO HIS PERSONNEL OFFICE. IT APPEARS THAT THE REQUEST WAS MISLAID AND NO FURTHER ACTION WAS TAKEN UNTIL THE EMPLOYEE SUBMITTED A FOLLOW-UP LETTER ON SEPTEMBER 9, 1971. THEREAFTER A REVIEW OF THE EMPLOYEE'S FILE WAS NOT COMPLETED UNTIL NOVEMBER 18, 1971. MR. WAALE QUESTIONED THE AUTHORITY OF YOUR AGENCY TO TAKE WAIVER ACTION IN THE MATTER SINCE THE TIME FOR GRANTING A WAIVER AS THEN PROVIDED BY PUBLIC LAW 90-616 HAD EXPIRED. HOWEVER, HE POINTED OUT THAT THE DELAY IN ACTING UPON THE EMPLOYEE'S REQUEST WAS THE RESULT OF THE FAILURE OF THE AGENCY TO RESPOND IN A TIMELY MANNER AND NOT THE FAULT OF THE EMPLOYEE.
UNDER DATE OF OCTOBER 2, 1972, PUBLIC LAW 92-453 AMENDED 5 U.S.C. 5584 TO PROVIDE THAT THE HEAD OF AN EXECUTIVE AGENCY OR THE COMPTROLLER GENERAL MAY EXERCISE HIS AUTHORITY TO WAIVE A CLAIM ARISING OUT OF AN ERRONEOUS PAYMENT OF PAY MADE ON OR AFTER JULY 1, 1960, SO LONG AS THE REQUEST IS SUBMITTED WITHIN A 3-YEAR TIME PERIOD AFTER THE ERROR WAS FIRST DISCOVERED OR 3 YEARS IMMEDIATELY FOLLOWING OCTOBER 21, 1968, WHICHEVER IS LATER. SINCE THE RECORD SHOWS THAT THE EMPLOYEE HERE INVOLVED HAD SUBMITTED HIS REQUEST WITHIN THE APPLICABLE TIME LIMITATIONS, AND SINCE THE AMOUNT IS LESS THAN $500, THE CLAIM WOULD NOW BE PROPER FOR WAIVER CONSIDERATION BY YOUR AGENCY.
IF IT IS DETERMINED THAT THE ERRONEOUS PAYMENT MEETS THE REQUIREMENTS FOR WAIVER IMPOSED BY SECTION 5584 AND THE CLAIM IS SUBSEQUENTLY WAIVED, THE EMPLOYEE SHOULD BE ADVISED THAT HE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM WITH YOUR AGENCY FOR REFUND OF THE AMOUNT PREVIOUSLY COLLECTED FROM HIM.