B-198569.OM, NOV 28, 1980

B-198569.OM: Nov 28, 1980

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FGMSD: RETURNED HEREWITH IS CLAIM FILE NO. UPON FURTHER EXAMINATION OF THE RECORD WE BELIEVE THAT THE EMPLOYEE IN THE INSTANT CASE WAS WITHOUT FAULT. THE RECORD INDICATES THAT SHE WAS REDUCED IN GRADE FROM GS-6. SHE WAS ERRONEOUSLY PROMOTED TO GS-7. IT CANNOT BE SAID THAT THE EMPLOYEE WAS PUT ON NOTICE BY RECEIPT OF A NOTIFICATION OF PERSONNEL ACTION. THAT SHE WAS BEING OVERPAID. THERE IS NO REASON. OTHER THAN LONG-TERM GOVERNMENT SERVICE TO ASSUME THAT SHE WAS FAMILIAR WITH PAY REGULATIONS OR PRACTICES CONCERNING THE EQUIVALENT INCREASE. THE AMOUNT OF OVERPAYMENT WAS NOT SO SIGNIFICANT (TOTALING $1. SO THAT WE DO NOT FEEL THAT SHE SHOULD HAVE BEEN ON NOTICE AS TO POSSIBLE ERROR IN HER PAY FOR THAT REASON.

B-198569.OM, NOV 28, 1980

SUBJECT: REQUEST FOR WAIVER OF INDEBTEDNESS OF NANNIE P. FOWLER - B-198569 O.M.

ASSOCIATE DIRECTOR - CLAIMS GROUP, FGMSD:

RETURNED HEREWITH IS CLAIM FILE NO. Z-2736813 CONCERNING THE APPEAL OF MS. NANNIE P. FOWLER FROM A DETERMINATION OF THE CLAIMS DIVISION ON JULY 10, 1979, DENYING WAIVER UNDER THE PROVISIONS OF 5 U.S.C. 5584.

UPON FURTHER EXAMINATION OF THE RECORD WE BELIEVE THAT THE EMPLOYEE IN THE INSTANT CASE WAS WITHOUT FAULT. THE RECORD INDICATES THAT SHE WAS REDUCED IN GRADE FROM GS-6, STEP 9, TO GS-5, STEP 10, ON JULY 1, 1973. OCTOBER 14, 1973, SHE WAS ERRONEOUSLY PROMOTED TO GS-7, STEP 8 INSTEAD OF GS-7, STEP 6. THIS ERRONEOUS PROMOTION AND RESULTING OVERPAYMENT RESULTED FROM AN ADMINISTRATIVE ERROR WHEN THE CIVILIAN PERSONNEL OFFICE MISINTERPRETED CIVIL SERVICE COMMISSION REGULATIONS PERTAINING TO AN "EQUIVALENT INCREASE" IN PAY UPON PROMOTION. THUS, IT CANNOT BE SAID THAT THE EMPLOYEE WAS PUT ON NOTICE BY RECEIPT OF A NOTIFICATION OF PERSONNEL ACTION, SF-50, OR EARNINGS STATEMENTS, THAT SHE WAS BEING OVERPAID. AND, THERE IS NO REASON, OTHER THAN LONG-TERM GOVERNMENT SERVICE TO ASSUME THAT SHE WAS FAMILIAR WITH PAY REGULATIONS OR PRACTICES CONCERNING THE EQUIVALENT INCREASE. B-186562, MARCH 11, 1977. FURTHERMORE, THE AMOUNT OF OVERPAYMENT WAS NOT SO SIGNIFICANT (TOTALING $1,774.40 OVER A 3-YEAR PERIOD) AND IT BEGAN AT A TIME WHEN THE EMPLOYEE EXPECTED AN INCREASED PAYCHECK, SO THAT WE DO NOT FEEL THAT SHE SHOULD HAVE BEEN ON NOTICE AS TO POSSIBLE ERROR IN HER PAY FOR THAT REASON. B-189208-O.M., JULY 21, 1977. SINCE THE EMPLOYEE HAD PREVIOUSLY SERVED AT GRADE GS-6, STEP 9, AND GS-5, STEP 10, RESPECTIVELY, PROMOTION TO STEP 8 OF THE GS-7 LEVEL WOULD NOT NECESSARILY MAKE THE EMPLOYEE AWARE THAT SHE WAS BEING PAID AT AN INCORRECT RATE.

ACCORDINGLY, IN VIEW OF THE FOREGOING, THE OVERPAYMENT TO MS. NANNIE P. FOWLER IS WAIVED. SHE SHOULD BE ADVISED OF THIS ACTION AND OF HER RIGHT TO FILE CLAIM FOR ANY OF THE WAIVED AMOUNT COLLECTED FROM HER.