B-175052, MAR 10, 1972

B-175052: Mar 10, 1972

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THE REQUEST IS WITHOUT MERIT SINCE MR. LENNON KNEW HE WAS BEING OVERPAID (B-171944. DANIEL JASPAN: REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 2. REQUESTING REVIEW OF OUR CLAIMS DIVISION DENIAL OF THE REQUEST FOR WAIVER OF OVERPAYMENT OF COMPENSATION THAT WAS SUBMITTED BY MR. THE OVERPAYMENT WAS THE RESULT OF AN ADMINISTRATIVE ERROR THAT OCCURRED IN CONNECTION WITH MR. THE CONSISTENT POLICY OF THIS OFFICE HAS BEEN TO DENY REQUESTS FOR WAIVER WHERE THE EMPLOYEE WAS AWARE OF THE OVERPAYMENT WHEN IT OCCURRED. THERE WAS NO FAULT IN THE CUSTOMARY SENSE ON MR. THE DENIAL OF THE REQUEST FOR WAIVER WAS BASED SOLELY ON THE FACT THAT MR. LENNON KNEW THAT HE WAS BEING OVERPAID AND. COULD NOT HAVE REASONABLY EXPECTED TO RETAIN THE EXCESS PAYMENTS WITHOUT HAVING TO MAKE REFUND.

B-175052, MAR 10, 1972

CIVILIAN EMPLOYEE - ERRONEOUS OVERPAYMENT OF PAY - REQUEST FOR WAIVER DENIED DECISION SUSTAINING PRIOR DENIAL OF A CLAIM OF PAUL E. LENNON FOR WAIVER OF AN OVERPAYMENT INCIDENT TO HIS PROMOTION FROM PFS LEVEL 5, STEP 8, TO PFS LEVEL 8, STEP 3. THE REQUEST IS WITHOUT MERIT SINCE MR. LENNON KNEW HE WAS BEING OVERPAID (B-171944, MARCH 23, 1971) AND, THEREFORE, COULD NOT REASONABLY EXPECT TO RETAIN EXCESS PAYMENTS WITHOUT HAVING TO MAKE REFUND. B-168922, MAY 5, 1970.

TO MR. DANIEL JASPAN:

REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 2, 1971, JANUARY 5, 1972, AND FEBRUARY 15, 1972, REQUESTING REVIEW OF OUR CLAIMS DIVISION DENIAL OF THE REQUEST FOR WAIVER OF OVERPAYMENT OF COMPENSATION THAT WAS SUBMITTED BY MR. PAUL E. LENNON THROUGH THE POSTAL DATA CENTER.

THE OVERPAYMENT WAS THE RESULT OF AN ADMINISTRATIVE ERROR THAT OCCURRED IN CONNECTION WITH MR. LENNON'S PROMOTION FROM PFS LEVEL 5, STEP 8, TO PFS LEVEL 8, STEP 3, EFFECTIVE NOVEMBER 29, 1969. THE ERRONEOUS PAYMENT OF COMPENSATION AT LEVEL 8, STEP 8, FROM THAT DATE UNTIL JUNE 4, 1970, RESULTED IN A NET OVERPAYMENT OF $647.82.

THE CONSISTENT POLICY OF THIS OFFICE HAS BEEN TO DENY REQUESTS FOR WAIVER WHERE THE EMPLOYEE WAS AWARE OF THE OVERPAYMENT WHEN IT OCCURRED. SEE OUR DECISION OF MARCH 23, 1971, B-171944, COPY ENCLOSED. ADMITTEDLY, THERE WAS NO FAULT IN THE CUSTOMARY SENSE ON MR. LENNON'S PART. THE DENIAL OF THE REQUEST FOR WAIVER WAS BASED SOLELY ON THE FACT THAT MR. LENNON KNEW THAT HE WAS BEING OVERPAID AND, CONSEQUENTLY, COULD NOT HAVE REASONABLY EXPECTED TO RETAIN THE EXCESS PAYMENTS WITHOUT HAVING TO MAKE REFUND. SEE OUR DECISION OF MAY 5, 1970, B-168922, COPY ENCLOSED.

ACCORDINGLY, WE MUST SUSTAIN OUR CLAIMS DIVISION DENIAL OF THE REQUESTED WAIVER.