B-165380, DEC. 12, 1968

B-165380: Dec 12, 1968

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TOTH DID NOT QUESTION THE INCREASE IN HIS PAY CHECKS SINCE HE BELIEVED THE INCREASE HAD RESULTED FROM HIS BEING ADVANCED TO STEP 3 OF HIS WB-5 POSITION THE RATE OF WHICH WAS IDENTICAL TO THE RATE FOR WB-6. AT THE PRESENT TIME WE ARE PREPARING STANDARDS TO BE ISSUED IN IMPLEMENTATION OF PUBLIC LAW 90-616. UNDER THAT LAW THE HEAD OF AN EXECUTIVE AGENCY ORDINARILY WILL CONSIDER THE WAIVER OF ERRONEOUS PAYMENTS OF PAY IN AGGREGATE AMOUNTS NOT EXCEEDING $500. IN VIEW OF THE FACT THAT STANDARDS HAVE NOT YET BEEN PROMULGATED.

B-165380, DEC. 12, 1968

TO MR. SECRETARY:

WE REFER TO THE INDEBTEDNESS OF MR. ALEX TOTH, JR., IN THE AMOUNT OF $161.52, ARISING FROM OVERPAYMENTS OF SALARY DURING THE PERIOD AUGUST 20,1967, THROUGH MARCH 2, 1968, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, PICATINNY ARSENAL, DOVER, NEW JERSEY, WHICH HAS BEEN THE SUBJECT OF PRIVATE RELIEF BILL H.R. 20046, 90TH CONGRESS, 2D SESSION.

ON AUGUST 17, 1967, THE CIVILIAN PERSONNEL OFFICE OF PICATINNY ARSENAL PROCESSED A STANDARD FORM 50 PROMOTING MR. TOTH FROM THE POSITION OF SALVAGE WORKER, METAL SCRAP AND LUBRICANT, WB-5, STEP 2, $2.63 PER HOUR TO THE POSITION OF SALVAGE PROCESSOR AND LABORER, WB-6, STEP 2, $2.76 PER HOUR, EFFECTIVE AUGUST 20, 1967. ALTHOUGH MR. TOTH DECLINED THIS PROMOTION THE CIVILIAN PERSONNEL OFFICE INADVERTENTLY FAILED TO RECALL AND DESTROY THE PAYROLL COPY OF THE STANDARD FORM 50 EFFECTING MR. TOTH'S PROMOTION. AS A RESULT THEREOF THE CIVILIAN PAY SECTION ERRONEOUSLY CONTINUED TO PAY MR. TOTH AT THE HIGHER RATE FOR WB-6, STEP 2 (SUBSEQUENTLY INCREASED TO $2,87 PER HOUR ON JANUARY 21, 1968, PURSUANT TO A REVISED WAGE SCHEDULE) UNTIL MARCH 3, 1968. WE UNDERSTAND MR. TOTH DID NOT QUESTION THE INCREASE IN HIS PAY CHECKS SINCE HE BELIEVED THE INCREASE HAD RESULTED FROM HIS BEING ADVANCED TO STEP 3 OF HIS WB-5 POSITION THE RATE OF WHICH WAS IDENTICAL TO THE RATE FOR WB-6, STEP 2.

AT THE PRESENT TIME WE ARE PREPARING STANDARDS TO BE ISSUED IN IMPLEMENTATION OF PUBLIC LAW 90-616, APPROVED OCTOBER 21, 1968, 82 STAT. 1212, 5 U.S.C. 5584. UNDER THAT LAW THE HEAD OF AN EXECUTIVE AGENCY ORDINARILY WILL CONSIDER THE WAIVER OF ERRONEOUS PAYMENTS OF PAY IN AGGREGATE AMOUNTS NOT EXCEEDING $500. HOWEVER, IN VIEW OF THE FACT THAT STANDARDS HAVE NOT YET BEEN PROMULGATED, WE CONSIDER IT APPROPRIATE FOR THIS OFFICE TO EXERCISE THE WAIVER AUTHORITY IN THE CASE OF MR. TOTH.

THEREFORE, UNDER THE AUTHORITY CONVERRED BY PUBLIC LAW 90-616, AND UPON CONSIDERATION OF THE FACTS SURROUNDING THE OVERPAYMENTS, WE HEREBY WAIVE THE CLAIM OF THE UNITED STATES AGAINST ALEX TOTH, JR. THE DEPARTMENT SHOULD INFORM MR. TOTH OF OUR ACTION.

OUR RECORD INDICATES THAT AS OF OCTOBER 21, 1968, NO PORTION OF THE INDEBTEDNESS HAS BEEN REPAID BY MR. TOTH. HOWEVER, IF ANY PART HAS BEEN REFUNDED BY THE EMPLOYEE, HE SHOULD BE ADVISED THAT UNDER THE ACT HE HAS TWO 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.