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Request for Waiver of a Claim for Erroneous Salary Payments

B-194793 Aug 14, 1979
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Highlights

An employee was retired from the Department of Transportation (DOT), but was reemployed by DOT a few months later as an intermittent consultant. Due to an administrative error, the agency failed to reduce his pay by the amount of his annuity. Insisting that he did not know about regulations concerning salary payments for annuitants reemployed as intermittent consultants, the employee appealed the denial of his request for waiver of the claim against him by the United States for recovery of erroneous salary payments. It was apparent that the employee did not conceal the fact that he was an annuitant, and the record did not indicate evidence of fraud, misrepresentation, fault, or lack of good faith on the part of the employee. In view of this and since the overpayments of pay resulted from administrative error, the indebtedness was waived. In addition, the employee may file a claim for refund of any interest that may have been collected from him in satisfaction of the debt.

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