B-159788, OCT. 5, 1966

B-159788: Oct 5, 1966

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WERE MADE CONTRARY TO APPLICABLE LAWS AND REGULATIONS. IT IS WELL ESTABLISHED THAT ALL MONIES PAID FOR SALARY IN EXCESS OF THE LAWFUL AMOUNT MUST BE REFUNDED TO THE GOVERNMENT EVEN THOUGH THE EMPLOYEES WERE NOT AT FAULT IN ACCEPTING THE ERRONEOUS PAYMENTS. IS AGREED TO BY THIS OFFICE ONLY IN THOSE INSTANCES WHERE EVIDENCE EXISTS THAT APPROPRIATE RELIEF LEGISLATION IS PENDING BEFORE THE CONGRESS. WE NOW HAVE BEFORE US FOR CONSIDERATION THE REQUESTS OF SENATOR WAYNE MORSE AND CONGRESSMAN AL ULLMAN FOR INVESTIGATION AND REPORT CONCERNING THE SUBJECT OVERPAYMENTS. WE HAVE NO OBJECTION TO COLLECTION ACTION BEING DEFERRED PENDING OUR DETERMINATION AND REPLY TO THEM. WE ARE INFORMING SENATOR MORSE AND CONGRESSMAN ULLMAN THAT UPON RECEIPT OF ADVICE THAT THEY PROPOSE TO INTRODUCE PRIVATE RELIEF LEGISLATION IN FAVOR OF MESSRS.

B-159788, OCT. 5, 1966

TO COMMANDING OFFICER, UMATILLA ARMY DEPOT:

WE REFER TO YOUR LETTER OF AUGUST 26, 1966, REFERENCE AMXUMCP, REQUESTING THAT AUTHORITY BE GRANTED TO DEFER ADMINISTRATIVE ACTION TO COLLECT OVERPAYMENTS MADE TO MESSRS. DWAYNE C. COX AND WILLIAM D. MARTIN, CIVILIAN EMPLOYEES OF THE UMATILLA ARMY DEPOT, PENDING THEIR APPEAL FOR RELIEF FROM THEIR LIABILITY TO THE UNITED STATES.

THE QUESTIONED COMPENSATION PAYMENTS, WHILE HAVING BEEN MADE AS THE RESULT OF ADMINISTRATIVE ERRORS, WERE MADE CONTRARY TO APPLICABLE LAWS AND REGULATIONS. IT IS WELL ESTABLISHED THAT ALL MONIES PAID FOR SALARY IN EXCESS OF THE LAWFUL AMOUNT MUST BE REFUNDED TO THE GOVERNMENT EVEN THOUGH THE EMPLOYEES WERE NOT AT FAULT IN ACCEPTING THE ERRONEOUS PAYMENTS. COMP. GEN. 177.

NORMALLY, A DEFERRAL OF COLLECTION ACTION, SUCH AS YOU REQUEST, IS AGREED TO BY THIS OFFICE ONLY IN THOSE INSTANCES WHERE EVIDENCE EXISTS THAT APPROPRIATE RELIEF LEGISLATION IS PENDING BEFORE THE CONGRESS. WE NOW HAVE BEFORE US FOR CONSIDERATION THE REQUESTS OF SENATOR WAYNE MORSE AND CONGRESSMAN AL ULLMAN FOR INVESTIGATION AND REPORT CONCERNING THE SUBJECT OVERPAYMENTS. IN THE CIRCUMSTANCES, WE HAVE NO OBJECTION TO COLLECTION ACTION BEING DEFERRED PENDING OUR DETERMINATION AND REPLY TO THEM. WE ARE INFORMING SENATOR MORSE AND CONGRESSMAN ULLMAN THAT UPON RECEIPT OF ADVICE THAT THEY PROPOSE TO INTRODUCE PRIVATE RELIEF LEGISLATION IN FAVOR OF MESSRS. COX AND MARTIN, WE WOULD, IF SO REQUESTED, GIVE CONSIDERATION TO FURTHER DEFERRING COLLECTION ACTION UNTIL THE END OF THE FIRST SESSION OF THE 90TH CONGRESS.