Request for Waiver of Overpayment of Pay

B-200296: Nov 28, 1980

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An air traffic controller requested a waiver of repayments of the overpayments of pay which he received when he was erroneously advanced steps within grade by his agency. The advance was an administrative error by the agency which was corrected. The employee had requested a waiver of the repayments by the GAO Claims Group with the concurrence of the agency. The waiver was denied on the grounds that the employee failed to question the change in step, which constituted a partial fault, barring waiver. The employee requested reconsideration of the Claims Division decision on the same grounds and detailed the financial hardship he would have to suffer if the waiver were not granted. GAO found that the fact that the employee was partially at fault barred waiver of the repayments. Financial hardship is not a basis for waiver when other circumstances preclude such action. The action of the Claims Group was sustained.