B-175449, JUL 27, 1972
Highlights
MCDANIEL: REFERENCE IS MADE TO YOUR LETTER OF JUNE 21. MAY NOT EXERCISE HIS AUTHORITY UNDER THIS SECTION TO WAIVE ANY CLAIM - "(2) AFTER THE EXPIRATION OF THREE YEARS IMMEDIATELY FOLLOWING THE DATE ON WHICH THE ERRONEOUS PAYMENT OF PAY WAS DISCOVERED OR THREE YEARS IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. WHICHEVER IS LATER.". YOUR CONCERN IS BASED ON THE FACT THAT THE ERRONEOUS PAYMENT OF PAY WAS DISCOVERED MORE THAN THREE YEARS BEFORE OUR DECISION OF JUNE 1. THE COMPTROLLER GENERAL'S AUTHORITY UNDER 5 U.S.C. 5584 WAS ORIGINALLY EXERCISED IN OUR CLAIMS DIVISION LETTER OF JUNE 24. THE REFUND ACTION PREVIOUSLY AUTHORIZED IS CONFIRMED. THE ENCLOSURES ARE RETURNED HEREWITH.
B-175449, JUL 27, 1972
CIVILIAN PERSONNEL - WAIVER OF COLLECTION ACTION - STATUTE OF LIMITATIONS FOR GAO ACTIONS DECISION THAT 5 U.S.C. 5584(B)(2) DOES NOT PREVENT THE COMP. GEN. FROM AUTHORIZING THE WAIVER OF COLLECTION OF AN OVERPAYMENT OF COMPENSATION TO CHARLES R. RYON, SR., AN EMPLOYEE OF THE ARMY MAP SERVICE. THE COMP. GEN. CANNOT AGREE THAT SECTION 5584(B)(2) SHOULD BE INTERPRETED TO BAR A WAIVER ACTION WHERE, AS HERE, THE CLAIM HAS BEEN THE SUBJECT OF PREVIOUS CONSIDERATION BY GAO WITHIN THE SPECIFIED TIME LIMIT.
TO MR. H. C. MCDANIEL:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 21, 1972, REFERENCE FINCY-T, RETURNING THE ORIGINAL OF OUR LETTER OF JUNE 1, 1972, B-175449, ADDRESSED TO THE COMMANDING GENERAL, UNITED STATES ARMY FINANCE CENTER, ADVISING THAT WE HAD WAIVED COLLECTION OF AN OVERPAYMENT OF COMPENSATION TO MR. CHARLES R. RYON, SR., AND AUTHORIZING REFUND TO HIM OF ANY AMOUNTS PREVIOUSLY COLLECTED. YOU ALSO RETURNED THE COPY OF WAIVER ACTION OF THE SAME DATE TO MR. RYON.
YOU SAY THAT BEFORE MAKING REFUND TO MR. RYON, AN EMPLOYEE OF THE ARMY MAP SERVICE, YOU WOULD LIKE TO BRING TO OUR ATTENTION THE PROVISION OF SECTION 5584(B)(2) OF TITLE 5, U.S.C. RELATING TO WAIVER OF ERRONEOUS PAYMENTS OF PAY (PUBLIC LAW 90-616, APPROVED OCTOBER 21, 1968) WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:
"(B) THE COMPTROLLER GENERAL OR THE HEAD OF THE EXECUTIVE AGENCY, AS THE CASE MAY BE, MAY NOT EXERCISE HIS AUTHORITY UNDER THIS SECTION TO WAIVE ANY CLAIM -
"(2) AFTER THE EXPIRATION OF THREE YEARS IMMEDIATELY FOLLOWING THE DATE ON WHICH THE ERRONEOUS PAYMENT OF PAY WAS DISCOVERED OR THREE YEARS IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS LATER."
YOUR CONCERN IS BASED ON THE FACT THAT THE ERRONEOUS PAYMENT OF PAY WAS DISCOVERED MORE THAN THREE YEARS BEFORE OUR DECISION OF JUNE 1, 1972. HOWEVER, AS INDICATED IN OUR LETTER OF JUNE 1, 1972, B-175449, TO THE COMMANDING GENERAL, FINANCE CENTER, U.S. ARMY, THE COMPTROLLER GENERAL'S AUTHORITY UNDER 5 U.S.C. 5584 WAS ORIGINALLY EXERCISED IN OUR CLAIMS DIVISION LETTER OF JUNE 24, 1970, REFERENCE DW-Z-2408363-AEG-1. WE DO NOT INTERPRET 5 U.S.C. 5584(B)(2) AS PROHIBITING A WAIVER WHICH, AS HERE, HAS BEEN THE SUBJECT OF PREVIOUS CONSIDERATION WITHIN THE SPECIFIED PERIOD.
ACCORDINGLY, THE REFUND ACTION PREVIOUSLY AUTHORIZED IS CONFIRMED.
THE ENCLOSURES ARE RETURNED HEREWITH.