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Request for Waiver of Indebtedness

B-203186 Dec 29, 1981
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Highlights

A reemployed annuitant requested waiver of a claim against her by the United States for recovery of erroneous salary payments. The record showed that the employee was receiving an annuity from the Civil Service Commission when she was temporarily appointed to a position by the Department of Labor. Although the notification appointing the employee to the position correctly stated that she was receiving an annuity and that her appointment was only temporary, the notification incorrectly listed the amount of her annuity. Consequently, the employee's salary was reduced by her monthly annuity rate instead of her annual rate, resulting in overpayment. Subsequently, the employee questioned the Personnel and Payroll Offices as to the amount of her first check and was informed that the amount was correct. GAO held that the employee acted in a manner that any reasonable and prudent employee would under the circumstances. Additionally, GAO held that, since the employee was advised on several occasions by several authorities that her pay was correct and since she did not have any special knowledge of personnel laws, it was reasonable for her to rely on the advice given by the Personnel and Payroll Offices. Although the notification form contained information that might have caused the employee to further question the accuracy of her pay, the record indicated that the employee was inadequately informed of the manner of the reemployed annuitant reduction. In view of this and since the overpayments of pay resulted from administrative error, the employee's indebtedness was waived.

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