B-155460, APR. 15, 1969
Highlights
THE OVERPAYMENT WAS A RESULT OF MR. THE RATE AT THE 4TH STEP WAS FIXED PROPERLY IN ACCORDANCE WITH THE CIVIL SERVICE COMMISSION REGULATIONS AT THE TIME OF APPOINTMENT ON THE BASIS THAT THE EMPLOYEE HAD RECEIVED GRADE GS-14 (8). HURLEY'S CASE AND WOULD HAVE REQUIRED THAT HE BE PLACED IN THE 3RD STEP OF GRADE GS-15 OR ONE STEP LOWER THAN HE WOULD HAVE BEEN ENTITLED TO UNDER THE REGULATIONS APPLICABLE AT THE TIME OF HIS APPOINTMENT. THE ADJUSTMENT WAS NOT MADE UNTIL JULY 31. HAVE BEEN ADVISED OF THE FOREGOING.
B-155460, APR. 15, 1969
TO MR. PAINE:
WE REFER TO THE INDEBTEDNESS OF MR. WILLIAM J. HURLEY IN THE AMOUNT OF $602.56, ARISING FROM OVERPAYMENT OF SALARY DURING THE PERIOD JULY 21, 1964, THROUGH JULY 31, 1965, INCLUSIVE, DUE TO ADMINISTRATIVE ERROR, AS AN EMPLOYEE OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.
THE OVERPAYMENT OF THE SALARY TO THE EMPLOYEE IN QUESTION HAS BEEN THE SUBJECT OF PRIVATE RELIEF BILLS H.R. 16883, 89TH CONGRESS; H.R. 3222, 90TH CONGRESS, AND H.R. 1721, 91ST CONGRESS. THE LATTER BILL PASSED THE HOUSE OF REPRESENTATIVES ON APRIL 1, 1969.
THE OVERPAYMENT WAS A RESULT OF MR. HURLEY'S APPOINTMENT ON JULY 21, 1964, TO A CAREER-CONDITIONAL APPOINTMENT IN GRADE GS-15 (4), $17,210 PER ANNUM. THE RATE AT THE 4TH STEP WAS FIXED PROPERLY IN ACCORDANCE WITH THE CIVIL SERVICE COMMISSION REGULATIONS AT THE TIME OF APPOINTMENT ON THE BASIS THAT THE EMPLOYEE HAD RECEIVED GRADE GS-14 (8), $16,765 PER ANNUM IN A PRIOR POSITION. THE FEDERAL EMPLOYEES SALARY ACT OF 1964, PUBLIC LAW 88 -426, APPROVED AUGUST 14, 1964, HAD THE EFFECT OF RETROACTIVELY ESTABLISHING NEW PAY SCALES WHICH APPLIED TO MR. HURLEY'S CASE AND WOULD HAVE REQUIRED THAT HE BE PLACED IN THE 3RD STEP OF GRADE GS-15 OR ONE STEP LOWER THAN HE WOULD HAVE BEEN ENTITLED TO UNDER THE REGULATIONS APPLICABLE AT THE TIME OF HIS APPOINTMENT. THE ADJUSTMENT WAS NOT MADE UNTIL JULY 31,1965.
UNDER THE AUTHORITY CONFERRED BY PUBLIC LAW 90-616 OF OCTOBER 21, 1968, 82 STAT. 1212, 5 U.S.C. 5584, AND UPON CONSIDERATION OF THE FACTS SURROUNDING THE OVERPAYMENTS, WE HEREBY WAIVE THE ABOVE CLAIM OF THE UNITED STATES AGAINST MR. HURLEY. YOUR AGENCY SHOULD INFORM MR. HURLEY OF OUR ACTION AND SHOULD REFUND TO HIM IN ACCORDANCE WITH HIS REQUEST OF FEBRUARY 3, 1969, RETURNED HEREWITH, AMOUNTS COLLECTED FROM HIM BECAUSE OF THE SALARY OVERPAYMENTS.
THE COMMITTEES ON THE JUDICIARY, HOUSE OF REPRESENTATIVES AND UNITED STATES SENATE, HAVE BEEN ADVISED OF THE FOREGOING.