B-181943, MAY 15, 1975

B-181943: May 15, 1975

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1972) IS GRANTED WHERE THE OVERPAYMENT WAS THE RESULT OF AN ADMINISTRATIVE ERROR THROUGH NO FAULT OF THE EMPLOYEE. IT WAS REASONABLE FOR HIM TO ASSUME HE WOULD RECEIVE THE SAME RATE OF PAY. MOFFITT: THIS ACTION IS A REQUEST FOR WAIVER FROM THE DEPUTY ASSISTANT SECRETARY OF THE INTERIOR. MOFFITT WAS OVERPAID IN A GROSS AMOUNT OF $1. THE OVERPAYMENT WAS THE RESULT OF AN ADMINISTRATIVE ERROR IN THAT MR. IT WAS LATER DETERMINED BY THE AGENCY ON OCTOBER 14. MOFFITT WAS NOT ENTITLED TO RETAIN HIS SAVED RATE STATUS. THIS CONCLUSION WAS BASED ON PROVISIONS OF THE FEDERAL PERSONNEL MANUAL. IT WAS DETERMINED BY THE AGENCY THAT MR. THE ERRONEOUS PAYMENT OCCURRED THROUGH ADMINISTRATIVE ERROR AND THERE IS NO INDICATION OF FRAUD.

B-181943, MAY 15, 1975

REQUEST FOR WAIVER OF CLAIM BY THE GOVERNMENT UNDER THE PROVISIONS OF 5 U.S.C. 5584 (SUPP. II, 1972) IS GRANTED WHERE THE OVERPAYMENT WAS THE RESULT OF AN ADMINISTRATIVE ERROR THROUGH NO FAULT OF THE EMPLOYEE, AND WHERE THE EMPLOYEE TRANSFERRED IN THE SAME JOB SERIES, IT WAS REASONABLE FOR HIM TO ASSUME HE WOULD RECEIVE THE SAME RATE OF PAY.

REQUEST FOR WAIVER OF SALARY OVERPAYMENT IN THE CASE OF WILLIAM B. MOFFITT:

THIS ACTION IS A REQUEST FOR WAIVER FROM THE DEPUTY ASSISTANT SECRETARY OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE INTERIOR, UNDER THE AUTHORITY OF SECTION 5584 OF TITLE 5, UNITED STATES CODE, OF A CLAIM OF THE UNITED STATES AGAINST MR. WILLIAM B. MOFFITT FOR OVERPAYMENT OF SALARY.

THE RECORD SHOWS THAT AS AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, MR. MOFFITT WAS OVERPAID IN A GROSS AMOUNT OF $1,188 DURING THE PERIOD AUGUST 6, 1972, THROUGH DECEMBER 22, 1973. THE OVERPAYMENT WAS THE RESULT OF AN ADMINISTRATIVE ERROR IN THAT MR. MOFFITT'S STANDARD FORM 50 (NOTIFICATION OF PERSONNEL ACTION) ISSUED PURSUANT TO HIS REASSIGNMENT TO EDNA, TEXAS, EFFECTIVE AUGUST 6, 1972, FROM CHAMA, NEW MEXICO, CONTINUED HIS SAVED RATE STATUS. IT WAS LATER DETERMINED BY THE AGENCY ON OCTOBER 14, 1973, THAT MR. MOFFITT WAS NOT ENTITLED TO RETAIN HIS SAVED RATE STATUS. THIS CONCLUSION WAS BASED ON PROVISIONS OF THE FEDERAL PERSONNEL MANUAL, CHAPTER 530, SUBCHAPTER 3-6(G), WHICH PROVIDE IN PART THAT AN EMPLOYEE CONTINUES TO RECEIVE HIS EXISTING PAY ONLY FOR AS LONG AS HE REMAINS IN THE SAME POSITION. THUS, IT WAS DETERMINED BY THE AGENCY THAT MR. MOFFITT'S TRANSFER FROM HIS PREVIOUS DUTY STATION AT CHAMA, NEW MEXICO, TO EDNA, TEXAS, TERMINATED HIS SAVED RATE STATUS.

THIS OFFICE AGREES WITH THE RECOMMENDATION OF WAIVER BY THE AGENCY OF MR. MOFFITT'S CLAIM. THE ERRONEOUS PAYMENT OCCURRED THROUGH ADMINISTRATIVE ERROR AND THERE IS NO INDICATION OF FRAUD, MISREPRESENTATION, FAULT OR LACK OF GOOD FAITH ON THE PART OF THE EMPLOYEE OR ANY OTHER PERSON HAVING AN INTEREST IN OBTAINING A WAIVER OF THE CLAIM. 4 C.F.R. 91.5(C) (1974). THE RECORD INDICATES THAT THE EMPLOYEE DID NOT RECEIVE AN UNEXPLAINED INCREASE IN PAY, BUT WAS TRANSFERRED AT THE SAME RATE OF PAY HE RECEIVED AT HIS PREVIOUS DUTY STATION (A STANDARD FORM 50 WAS ISSUED TO THIS EFFECT). MR. MOFFITT RETAINED HIS CLASSIFICATION AS AN ENGINEER, GS-11, IN THE GS-800 SERIES, AND THUS IT WAS REASONABLE FOR HIM TO EXPECT HE WOULD RECEIVE THE SAME RATE OF PAY UPON TRANSFER. FURTHER, MR. MOFFITT PROTESTED THE ACTION TAKEN BY THE ADMINISTRATION OFFICE IN LETTERS OF NOVEMBER 16 AND NOVEMBER 29, 1973, NOTIFYING HIM THAT THEY PROPOSED TO CORRECT THE NOTIFICATION OF PERSONNEL ACTION APPROVED JULY 20, 1972, TO REDUCE HIS SALARY RETROACTIVELY TO THE PROPER RATE FOR THE POSITION TO WHICH TRANSFERRED, BUT HIS APPEAL WAS NOT FAVORABLY CONSIDERED AND A STANDARD FORM 50 WAS ISSUED DECEMBER 20, 1973, WHEREBY MR. MOFFITT'S SAVED PAY STATUS WAS DISCONTINUED EFFECTIVE AUGUST 6, 1972.

ACCORDINGLY, SINCE THE OVERPAYMENT WAS THE RESULT OF AN ADMINISTRATIVE ERROR THROUGH NO FAULT OF THE EMPLOYEE, IT IS HEREBY WAIVED UNDER THE PROVISIONS OF 5 U.S.C. 5584 (SUPP. II, 1972).