B-245449, Nov 26, 1991

B-245449: Nov 26, 1991

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The facts are that Ms. Barrios' salary was improperly computed during the period January 23. She was overpaid $1. She was informed of the erroneous payments on October 10 . Before they were stopped. Our Claims Group denied waiver for the overpayments of $83.20 received by her for two pay periods after she was notified of the error. Barrios' appeal is based on the claim that all of the overpayment was caused by administrative error and that. Since she was not at fault and received the payments in good faith. Barrios was informed of the erroneous payment on October 10. We have held that an employee who accepts payments known to be erroneous cannot reasonably expect to be able to retain them and should make provision for eventual repayment. /1/ In thereof.

B-245449, Nov 26, 1991

PRECIS-UNAVAILABLE

Martha C. Barrios:

Ms. Martha Barrios, a civilian employee of the Air Force, appeals our Claims Group settlement, Z-2914545, April 22, 1991, which disallowed waiver of part of her debt to the United States for salary overpayments.

Briefly, the facts are that Ms. Barrios' salary was improperly computed during the period January 23, 1989, through October 20, 1990. As a result, she was overpaid $1,400.64. She was informed of the erroneous payments on October 10 , 1990, by the Civilian Personnel Office of her employing activity. However, the erroneous payments continued through the pay period ending October 20, 1990, before they were stopped.

Based on the investigation and recommendation by the Defense Finance and Accounting Service, our Claims Group waived $1,317.44 of the debt, representing the erroneous payments received by Ms. Barrios through the pay period ending September 22, 1990. Our Claims Group denied waiver for the overpayments of $83.20 received by her for two pay periods after she was notified of the error.

Mrs. Barrios' appeal is based on the claim that all of the overpayment was caused by administrative error and that, since she was not at fault and received the payments in good faith, she should not be required to repay any part of the overpayment.

However, MS. Barrios was informed of the erroneous payment on October 10, 1990, before she received her biweekly pay for the pay periods which began on September 23 and on October 7, 1990. We have held that an employee who accepts payments known to be erroneous cannot reasonably expect to be able to retain them and should make provision for eventual repayment. /1/

In thereof, collection of the overpayments made for those two pay periods is not against equity, good conscience, or contrary to the best interests of the United States, and the Claims Group action denying waiver in part is sustained.

B-228669, Mar. 4, 1988; and Steven P. Bell, B-228661, Aug. 18, 1988.