B-165985, FEB. 6, 1969

B-165985: Feb 6, 1969

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YOU WERE DEMOTED FROM GS-14 TO GS-13 AND THAT YOUR PAY SIMPLY WAS REDUCED BECAUSE OF THE REDUCTION IN YOUR GRADE. PUBLIC LAW 90-616 REFERRED TO IN YOUR LETTER DOES NOT PROVIDE AUTHORITY FOR RESTORING TO YOU THE RATE OF PAY OF THE HIGHER GRADE FROM WHICH YOU WERE DEMOTED. IT DOES NOT APPEAR THAT YOU WERE ERRONEOUSLY PAID EXCEPT FOR ONE PAY PERIOD (FEBRUARY 19. 1961) AND THAT ON THIS OCCASION EITHER IMMEDIATELY OR SHORTLY AFTER RECEIPT OF ERRONEOUS PAYMENT YOU WERE AWARE OF THE $104 ERROR AND ADVISED THE HEAD OF THE PAYROLL SECTION. IT WAS AGREED THAT YOU SHOULD CASH THE CHECK AND THAT THE OVERPAYMENT WOULD BE ADJUSTED IN THE NEXT PAY PERIOD PENDING CLARIFICATION. THIS ADJUSTMENT WAS MADE.

B-165985, FEB. 6, 1969

TO MR. MICHAEL A. PERNA:

WE REFER TO YOUR LETTER OF JANUARY 16, 1969, IN WHICH YOU CLAIM REFUND OF AMOUNTS COLLECTED FROM YOU BY PAYROLL DEDUCTIONS BEGINNING WITH THE PAY PERIOD COMMENCING DECEMBER 25, 1960, AND CONTINUING UNTIL YOUR TRANSFER, JANUARY 20, 1963.

THE EXCERPTS FROM THE PAYROLL RECORD QUOTED IN YOUR LETTER INDICATE THAT EFFECTIVE DECEMBER 25, 1960, YOU WERE DEMOTED FROM GS-14 TO GS-13 AND THAT YOUR PAY SIMPLY WAS REDUCED BECAUSE OF THE REDUCTION IN YOUR GRADE. PUBLIC LAW 90-616 REFERRED TO IN YOUR LETTER DOES NOT PROVIDE AUTHORITY FOR RESTORING TO YOU THE RATE OF PAY OF THE HIGHER GRADE FROM WHICH YOU WERE DEMOTED.

FROM THE INFORMATION PRESENTED, IT DOES NOT APPEAR THAT YOU WERE ERRONEOUSLY PAID EXCEPT FOR ONE PAY PERIOD (FEBRUARY 19, 1961, TO MARCH 4, 1961) AND THAT ON THIS OCCASION EITHER IMMEDIATELY OR SHORTLY AFTER RECEIPT OF ERRONEOUS PAYMENT YOU WERE AWARE OF THE $104 ERROR AND ADVISED THE HEAD OF THE PAYROLL SECTION. APPARENTLY, IT WAS AGREED THAT YOU SHOULD CASH THE CHECK AND THAT THE OVERPAYMENT WOULD BE ADJUSTED IN THE NEXT PAY PERIOD PENDING CLARIFICATION. THIS ADJUSTMENT WAS MADE.

IN THE CIRCUMSTANCES, WE WOULD NOT BE WARRANTED IN WAIVING THE CLAIM OF THE GOVERNMENT FOR SUCH AMOUNT ($104). BASED UPON THE INFORMATION PRESENTED, THERE DOES NOT APPEAR TO BE ANY OTHER INDEBTEDNESS WHICH COULD BE CONSIDERED FOR WAIVER UNDER THE AUTHORITY OF PUBLIC LAW 90-616 SINCE THAT LAW AUTHORIZES WAIVER ONLY IN A SITUATION IN WHICH AN EMPLOYEE HAS RECEIVED AN ERRONEOUS PAYMENT OF PAY DUE TO ADMINISTRATIVE ERROR.