Request for Waiver of Erroneous Overpayments of Salary

A Federal employee requested a reconsideration of the Claims Division determination denying his request for waiver of erroneous payments of compensation. He was hired by the Government as a career-conditional appointee at a special salary rate. Since he was not a full-time employee, his salary was shown at an hourly rate rather than an annual rate on the initial appointment papers. On these papers, his grade and step were incorrectly shown, but his pay was correctly shown. Based on the incorrect data, he received more pay per hour than that to which he was entitled. When he calculated his yearly salary he found that he was getting paid at a higher rate. He discussed the discrepancy with the personnel office and was informed that he was receiving the correct pay. He then discussed the matter with his supervisor, who talked to the personnel officer, and personnel finally noticed the error. The issue in this case is whether the employee was at fault in accepting the overpayment. The Comptroller General may not exercise his waiver of authority if there is an indication of fraud, misrepresentation, fault, or lack of good faith by the employee. Since the employee did inquire about his pay rate at the time he discovered the discrepancy, and was informed that it was correct, fault should not be imputed to him after he was advised by an employee in personnel that his pay was correct. Those overpayments were waived. The prior overpayments were not waived, because the employee could not be considered free from fault with respect to the payments he received before he made inquiry at the personnel office.