B-165716, JAN. 10, 1969

B-165716: Jan 10, 1969

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SHE WAS PLACED IN STEP 5. PROVIDES THAT THE ONLY POSITIONS IN LOCAL POST OFFICES TO WHICH EMPLOYEES MAY BE APPOINTED IN A STEP ABOVE 1 ARE PROFESSIONAL OR SCIENTIFIC OR OTHERWISE FOR THE EMPLOYEE TO HAVE HAD CERTAIN LEGISLATIVE EMPLOYMENT. SINCE MISS BRITTAIN'S PERSONNEL FILE DID NOT SHOW ANY LEGISLATIVE EMPLOYMENT AND THE POSITION TO WHICH SHE WAS APPOINTED WAS NEITHER A PROFESSIONAL NOR SCIENTIFIC POSITION. SHE WAS RETROACTIVELY PLACED IN STEP 1 OF LEVEL 4. WE HAVE INFORMED MISS BRITTAIN OF OUR ACTION AND THE FACT THAT UNDER THE ACT SHE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM WITH YOUR DEPARTMENT FOR REFUND OF THE AMOUNT COLLECTED FROM HER BECAUSE OF THE SALARY OVERPAYMENT.

B-165716, JAN. 10, 1969

TO MR. POSTMASTER GENERAL:

WE REFER TO THE INDEBTEDNESS OF MISS ELIZABETH F. BRITTAIN IN THE AMOUNT OF $607.84 ARISING FROM OVERPAYMENTS OF SALARY DURING THE PERIOD FROM SEPTEMBER 9, 1967, TO JULY 26, 1968, AS A CLERK STENOGRAPHER, POST OFFICE, DAYTONA BEACH, FLORIDA.

THE OVERPAYMENTS RESULTED FROM AN ADMINISTRATIVE ERROR WHEN MISS BRITTAIN TRANSFERRED FROM THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TO THE POSTAL FIELD SERVICE. SHE WAS PLACED IN STEP 5, LEVEL 4. SECTION 3551 OF 39 U.S.C. PROVIDES THAT THE ONLY POSITIONS IN LOCAL POST OFFICES TO WHICH EMPLOYEES MAY BE APPOINTED IN A STEP ABOVE 1 ARE PROFESSIONAL OR SCIENTIFIC OR OTHERWISE FOR THE EMPLOYEE TO HAVE HAD CERTAIN LEGISLATIVE EMPLOYMENT. SINCE MISS BRITTAIN'S PERSONNEL FILE DID NOT SHOW ANY LEGISLATIVE EMPLOYMENT AND THE POSITION TO WHICH SHE WAS APPOINTED WAS NEITHER A PROFESSIONAL NOR SCIENTIFIC POSITION, SHE WAS RETROACTIVELY PLACED IN STEP 1 OF LEVEL 4.

UNDER THE AUTHORITY CONFERRED BY PUBLIC LAW 90-616 OF OCTOBER 21, 1968, 82 STAT. 1212, 5 U.S.C. 5584, AND UPON CONSIDERATION OF THE FACTS SURROUNDING THE OVERPAYMENTS, WE HEREBY WAIVE THE CLAIM OF THE UNITED STATES AGAINST MISS BRITTAIN. THE FILE REVEALS THAT MISS BRITTAIN HAS REIMBURSED THE POST OFFICE DEPARTMENT FOR THE OVERPAYMENTS. BY LETTER OF TODAY, COPY ENCLOSED, WE HAVE INFORMED MISS BRITTAIN OF OUR ACTION AND THE FACT THAT UNDER THE ACT SHE HAS 2 YEARS FROM THE DATE OF THE WAIVER IN WHICH TO FILE CLAIM WITH YOUR DEPARTMENT FOR REFUND OF THE AMOUNT COLLECTED FROM HER BECAUSE OF THE SALARY OVERPAYMENT.