B-171033, NOV. 25, 1970

B-171033: Nov 25, 1970

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RECEIVED OVERPAYMENT OF SALARY AND OVERSEAS DIFFERENTIAL WHICH HAD AUTOMATICALLY DEPOSITED TO HIS BANK ACCOUNT MAY NOT BE REGARDED AS AT FAULT IN FAILING TO MAKE INQUIRY CONCERNING PAYMENTS AND THEREFORE WAIVER IS AUTHORIZED. AS TO OVERPAYMENT RECEIVED BECAUSE OF FAILURE TO NOTIFY AGENCY OF RESIGNATION IN SUFFICIENT TIME TO PROCESS NECESSARY DOCUMENTS WHEN HE RECEIVED APPOINTMENT TO PEACE CORPS WAIVER IS NOT PROPER SINCE EMPLOYEE CONTRIBUTED TO ERROR. STEPHEN KURZMAN: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4. WADDINGTON WAS ON TRAVEL STATUS IN EUROPE AND THE UNITED STATES DURING THE PERIOD IN 1967 WHEN THE ERROR WAS MADE. YOU ALSO STATE THAT HIS SALARY CHECKS WERE DEPOSITED AUTOMATICALLY TO HIS ACCOUNT AND APPARENTLY WERE NOT EXAMINED BY HIM BECAUSE OF SUCH TRAVEL AND THE FACT THAT HE WAS RELOCATING IN THE UNITED STATES.

B-171033, NOV. 25, 1970

COMPENSATION OVERPAYMENT - POST DIFFERENTIAL - WAIVER AUTHORIZING PARTIAL WAIVER OF CLAIM ARISING OUT OF OVERPAYMENT OF POST DIFFERENTIAL AND SALARY RECEIVED BY FORMER AID EMPLOYEE WHILE IN TRAVEL STATUS IN EUROPE. EMPLOYEE WHO, WHILE IN TRAVEL STATUS IN EUROPE AND UNITED STATES, RECEIVED OVERPAYMENT OF SALARY AND OVERSEAS DIFFERENTIAL WHICH HAD AUTOMATICALLY DEPOSITED TO HIS BANK ACCOUNT MAY NOT BE REGARDED AS AT FAULT IN FAILING TO MAKE INQUIRY CONCERNING PAYMENTS AND THEREFORE WAIVER IS AUTHORIZED. HOWEVER, AS TO OVERPAYMENT RECEIVED BECAUSE OF FAILURE TO NOTIFY AGENCY OF RESIGNATION IN SUFFICIENT TIME TO PROCESS NECESSARY DOCUMENTS WHEN HE RECEIVED APPOINTMENT TO PEACE CORPS WAIVER IS NOT PROPER SINCE EMPLOYEE CONTRIBUTED TO ERROR.

TO MR. STEPHEN KURZMAN:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4, 1970, REQUESTING RECONSIDERATION OF THE REQUEST OF PHILIP D. WADDINGTON, NO. DW-Z 2409584- SAK-3, FOR WAIVER OF CLAIM ARISING OUT OF OVERPAYMENT OF POST DIFFERENTIAL AND SALARY IN THE AMOUNT OF $932.20.

THE OVERPAYMENT OF PAY TO MR. WADDINGTON CONSISTED OF POST DIFFERENTIAL FOR THE PERIOD FEBRUARY 26, 1967, THROUGH MAY 6, 1967, REPORTED AS $684.60 AND REGULAR SALARY FOR THE PERIOD APRIL 30, 1967, DATE OF TERMINATION, THROUGH MAY 6, 1967, IN THE AMOUNT OF $247.60.

YOU POINT OUT THAT MR. WADDINGTON WAS ON TRAVEL STATUS IN EUROPE AND THE UNITED STATES DURING THE PERIOD IN 1967 WHEN THE ERROR WAS MADE. YOU ALSO STATE THAT HIS SALARY CHECKS WERE DEPOSITED AUTOMATICALLY TO HIS ACCOUNT AND APPARENTLY WERE NOT EXAMINED BY HIM BECAUSE OF SUCH TRAVEL AND THE FACT THAT HE WAS RELOCATING IN THE UNITED STATES.

IN VIEW OF THIS ADDITIONAL INFORMATION WE BELIEVE IT REASONABLE TO SAY THAT MR. WADDINGTON WAS NOT AT FAULT IN FAILING TO MAKE INQUIRY AS TO THE CORRECTNESS OF HIS SALARY PAYMENTS (INCLUDING DIFFERENTIAL) FOR THE PERIOD FEBRUARY 26, 1967, THROUGH APRIL 30, 1967.

THEREFORE, UNDER THE AUTHORITY CONFERRED BY PUBLIC LAW 90-616 OF OCTOBER 21, 1968, NOW 5 U.S.C. 5584, AND UPON CONSIDERATION OF THE FACTS SURROUNDING THE OVERPAYMENT OF POST DIFFERENTIAL FOR THIS PERIOD, WE HEREBY WAIVE THE CLAIM OF THE UNITED STATES AGAINST MR. WADDINGTON TO THE EXTENT OF THE SALARY AND DIFFERENTIAL RECEIVED COVERING THE PERIOD PRIOR TO APRIL 30, 1967.

CONCERNING THE OVERPAYMENT OF SALARY FROM APRIL 30, 1967, THROUGH MAY 6, 1967, HOWEVER, MR. WADDINGTON'S FAILURE TO NOTIFY AID OF HIS RESIGNATION IN SUFFICIENT TIME TO PROCESS THE NECESSARY DOCUMENTS RESULTED IN HIS RECEIVING AN OVERPAYMENT FROM AID FOR THE SAME PERIOD FOR WHICH HE WAS PAID BY THE PEACE CORPS AS EVIDENCED BY HIS APPOINTMENT DATE. THEREFORE CONTRIBUTED TO ANY ADMINISTRATIVE ERROR MADE AND IS NOT ENTITLED TO WAIVER UNDER THE PROVISIONS OF PUBLIC LAW 90-616 FOR THE SALARY AND DIFFERENTIAL RECEIVED COVERING THE PERIOD AFTER THAT DATE. WE TENTATIVELY COMPUTE THIS AMOUNT AS $247.60 REGULAR SALARY (GROSS) PLUS DIFFERENTIAL OF 25 PERCENT ($61.90) OR A TOTAL OF $309.50. SINCE MR. WADDINGTON REPAID $500 OF THE ORIGINAL OVERPAYMENT HE WILL RECEIVE A CHECK FOR THE DIFFERENCE IN DUE COURSE AFTER VERIFICATION OF THE EXACT AMOUNT OWED AND ANY ADJUSTMENTS FOR RETIREMENT, LIFE INSURANCE, AND WITHHOLDING TAX.