B-243881, October 2, 1991

B-243881: Oct 2, 1991

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DIGEST: Where a member reasonably should have recognized the fact that he was being overpaid because of the failure to impose the pay cap limitations of the Civil Service Reform Act of 1978. Waiver is not appropriate. Where a member reasonably should have recognized that he was being overpaid because of the failure to impose the pay cap limitation of the Civil Service Reform Act of 1978. Waiver is not appropriate.

B-243881, October 2, 1991

DIGEST: Where a member reasonably should have recognized the fact that he was being overpaid because of the failure to impose the pay cap limitations of the Civil Service Reform Act of 1978, waiver is not appropriate.

Col. Eugene H. Spiegel, USAF, Retired:

This responds to your March 5, 1991, appeal of our Claims Group's settlement in Z-2905620, involving waiver of the collection of erroneous payments.

Upon review of the record, we find no error of law or fact in the Claims Group's action. Where a member reasonably should have recognized that he was being overpaid because of the failure to impose the pay cap limitation of the Civil Service Reform Act of 1978, waiver is not appropriate. Dr. Donald J. Mauthe, B-235159, Feb. 7, 1990.