B-165663, JAN. 30, 1969

B-165663, JAN. 30, 1969

TO MR. ROGER W. BISHOP

WE REFER TO YOUR LETTER OF NOVEMBER 13, 1968, A COPY OF WHICH WAS FORWARDED HERE BY THE HONORABLE JOHN JARMAN, WHEREIN YOU REQUEST THAT THE CLAIM OF THE GOVERNMENT AGAINST YOU IN THE AMOUNT OF $169.54 BE WAIVED UNDER THE PROVISIONS OF PUBLIC LAW 90-616, APPROVED OCTOBER 21, 1968. UNDERSTAND THAT THE DEBT AROSE BY REASON FO THE FACT THAT YOUR EMPLOYING AGENCY (TINKER AFB) FAILED TO WITHHOLD FROM YOUR PAY PREMIUMS DUE UNDER THE BLUE CROSS-BLUE SHIELD HEALTH BENEFIT PLAN IN WHICH YOU HAD ENROLLED.

THE OFFICIAL REPORT SUBMITTED HERE BY THE DEPARTMENT OF THE AIR FORCE PURSUANT TO OUR REQUEST IS TO THE EFFECT THAT WHILE THERE IS NO INDICATION OF FRAUD, MISREPRESENTATION, OR LACK OF GOOD FAITH ON YOUR PART, THE FACT IS THAT YOU WERE AT LEAST PARTIALLY AT FAULT IN THE MATTER.

THE DEPARTMENT ADVISES THAT YOU PERSONALLY FILLED OUT YOUR HEALTH BENEFIT REGISTRATION FORM (STANDARD FORM 2809) ELECTING TO ENROLL IN THE SERVICE BENEFIT PLAN ON AUGUST 1, 1967, AND THAT YOU WERE GIVEN BROCHURES DESCRIBING THE BENEFITS OF THE PLAN AND SPECIFYING THE BIWEEKLY COST REQUIRED TO BE PAID BY YOU. IT WAS ALSO POINTED OUT THAT WITH EACH BIWEEKLY SALARY PAYMENT YOU RECEIVED A LEAVE AND EARNING STATEMENT WHICH CLEARLY REFLECTS THE SPECIFIC DEDUCTIONS MADE FROM YOUR SALARY. THEREFORE, YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT NO PREMIUM PAYMENTS HAD BEEN DEDUCTED FROM ANY BIWEEKLY SALARY CHECK. THUS IT APPEARS THAT YOU WERE AT FAULT IN NOT PROMPTLY NOTIFYING YOUR PAYROLL OFFICE OF SUCH FACT.

PUBLIC LAW 90-616 EXPRESSLY PRECLUDES THE WAIVER OF A CLAIM AGAINST AN EMPLOYEE FOR ERRONEOUS PAYMENTS OF PAY WHEN THERE IS AN INDICATION OF FAULT ON THE PART OF THE EMPLOYEE. THEREFORE, WE MUST CONCLUDE THAT THERE IS NO PROPER BASIS UNDER THAT LAW FOR WAIVING THE ERRONEOUS PAYMENTS OF PAY RECEIVED BY YOU. ACCORDINGLY, YOUR REQUEST FOR WAIVER UNDER PUBLIC LAW 90-616 HEREBY IS DENIED.