B-176954, NOV 20, 1972
Highlights
PUBLIC LAW 92-453 AMENDED 5 U.S.C. 5584 TO PROVIDE THAT THE HEAD OF AN EXECUTIVE AGENCY OR THE COMPTROLLER GENERAL MAY EXERCISE HIS AUTHORITY TO WAIVE A CLAIM ARISING OUT OF AN ERRONEOUS PAYMENT OF PAY SO LONG AS THE REQUEST IS SUBMITTED WITHIN A 3 YEAR TIME PERIOD. IT IS STATED THAT MR. APPARENTLY THE INDEBTEDNESS WAS DUE TO AN ADMINISTRATIVE ERROR RESULTING IN OVERPAYMENT WHILE MR. BOTTORF WAS EMPLOYED AT SCHILLING AIR FORCE BASE. WAS LOST IN THE ADMINISTRATIVE REVIEW PROCESS AND IT WAS NOT RESUBMITTED BEFORE TERMINATION OF THE 3-YEAR TIME LIMITATION SET FORTH IN 5 U.S.C. 5584(B)(2). PUBLIC LAW 92-453 AMENDED 5 U.S.C. 5584 TO PROVIDE THAT THE HEAD OF AN EXECUTIVE AGENCY OR THE COMPTROLLER GENERAL MAY EXERCISE HIS AUTHORITY TO WAIVE A CLAIM ARISING OUT OF AN ERRONEOUS PAYMENT OF PAY SO LONG AS THE REQUEST IS SUBMITTED WITHIN A 3 YEAR TIME PERIOD.
B-176954, NOV 20, 1972
CIVILIAN PERSONNEL - WAIVER OF INDEBTEDNESS DECISION ALLOWING CONSIDERATION BY IRS OF A CLAIM OF FRANCIS V. BOTTORF, FOR WAIVER OF INDEBTEDNESS CAUSED BY AN OVERPAYMENT TO HIM DUE TO ADMINISTRATIVE ERROR AND RESTITUTION OF THE AMOUNT HE REPAID THE GOVERNMENT BY REASON OF THIS ERROR. UNDER DATE OF OCTOBER 2, 1972, PUBLIC LAW 92-453 AMENDED 5 U.S.C. 5584 TO PROVIDE THAT THE HEAD OF AN EXECUTIVE AGENCY OR THE COMPTROLLER GENERAL MAY EXERCISE HIS AUTHORITY TO WAIVE A CLAIM ARISING OUT OF AN ERRONEOUS PAYMENT OF PAY SO LONG AS THE REQUEST IS SUBMITTED WITHIN A 3 YEAR TIME PERIOD.
TO CAPTAIN JAMES S. PEAVEY:
YOUR LETTER OF AUGUST 4, 1972, REFERENCE ACF, WITH ENCLOSURES, FORWARDED HERE ON SEPTEMBER 5, 1972, BY THE DIRECTOR, PLANS AND SYSTEMS IN THE OFFICE OF THE ASSISTANT COMPTROLLER FOR ACCOUNTING AND FINANCE (HQ USAF), REQUESTS A DECISION AS TO ELIGIBILITY OF THE CLAIM OF MR. FRANCIS V. BOTTORF FOR WAIVER CONSIDERATION UNDER THE PROVISIONS OF 5 U.S.C. 5584. IT IS STATED THAT MR. BOTTORF, AN EMPLOYEE OF THE UNITED STATES AIR FORCE, SUBMITTED HIS INITIAL REQUEST ON MAY 16, 1969, FOR WAIVER OF INDEBTEDNESS AND RESTITUTION OF $165.01 HE HAD REPAID THE GOVERNMENT. APPARENTLY THE INDEBTEDNESS WAS DUE TO AN ADMINISTRATIVE ERROR RESULTING IN OVERPAYMENT WHILE MR. BOTTORF WAS EMPLOYED AT SCHILLING AIR FORCE BASE, KANSAS. YOU STATE THE REQUEST OF MAY 16, 1969, WAS LOST IN THE ADMINISTRATIVE REVIEW PROCESS AND IT WAS NOT RESUBMITTED BEFORE TERMINATION OF THE 3-YEAR TIME LIMITATION SET FORTH IN 5 U.S.C. 5584(B)(2).
UNDER DATE OF OCTOBER 2, 1972, PUBLIC LAW 92-453 AMENDED 5 U.S.C. 5584 TO PROVIDE THAT THE HEAD OF AN EXECUTIVE AGENCY OR THE COMPTROLLER GENERAL MAY EXERCISE HIS AUTHORITY TO WAIVE A CLAIM ARISING OUT OF AN ERRONEOUS PAYMENT OF PAY SO LONG AS THE REQUEST IS SUBMITTED WITHIN A 3 YEAR TIME PERIOD. SINCE THE RECORD SHOWS THAT THE EMPLOYEE HERE INVOLVED HAD SUBMITTED HIS REQUEST WITHIN THE APPLICABLE TIME LIMITATION, AND SINCE THE AMOUNT IS LESS THAN $500, THE CLAIM WOULD NOW BE PROPER FOR WAIVER CONSIDERATION BY YOUR AGENCY. THE CLAIM AND VOUCHER SUBMITTED ARE RETURNED HEREWITH.