B-152040, B-158422, DEC 5, 1972

B-152040,B-158422: Dec 5, 1972

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ARE ISSUED PURSUANT TO SECTION 5584 OF TITLE 5 U.S.C. WHICH WAS FIRST ENACTED BY PUBLIC LAW 90-616. LATER WAS AMENDED BY SECTION 3 OF PUBLIC LAW 92-453. ENCLOSED IS A COPY OF THE REGULATIONS PRESCRIBING STANDARDS FOR THE WAIVER OF ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES WHICH ARE APPLICABLE BOTH TO CIVILIAN EMPLOYEES AND MEMBERS OR FORMER MEMBERS OF THE UNIFORMED SERVICES. ARE ISSUED PURSUANT TO SECTION 5584 OF TITLE 5 U.S.C. WHICH WAS FIRST ENACTED BY PUBLIC LAW 90 -616. LATER WAS AMENDED BY SECTION 3 OF PUBLIC LAW 92-453. WHICHEVER IS LATER. THE ERRONEOUS PAYMENT MUST HAVE OCCURRED NOT EARLIER THAN JULY 1. APPLICATION FOR WAIVER OF AN ERRONEOUS ALLOWANCE PAYMENT TO A CIVILIAN EMPLOYEE MAY BE CONSIDERED IF APPLICATION IS RECEIVED EITHER IN THE GENERAL ACCOUNTING OFFICE OR IN THE EXECUTIVE AGENCY CONCERNED WITHIN 3 YEARS FROM THE DATE OF DISCOVERY OR 3 YEARS FROM OCTOBER 2.

B-152040, B-158422, DEC 5, 1972

ISSUANCE OF REGULATIONS - WAIVER OF ERRONEOUS PAY LETTER ENCLOSING A COPY OF REGULATIONS TO SUPERSEDE THE REGULATIONS AT CHAPTER 1, SUBCHAPTER G, SECTIONS 91.1 - 93.3 OF TITLE 4, CFR, WHICH PRESCRIBES STANDARDS FOR THE WAIVER OF ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES FOR BOTH CIVILIAN EMPLOYEES AND MEMBERS OR FORMER MEMBERS OF THE UNIFORMED SERVICES, INCLUDING THE NATIONAL GUARD. THESE REGULATIONS WHICH SUPERSEDE THE REGULATIONS PRESENTLY APPEARING IN CHAPTER 1, SUBCHAPTER G, SECTIONS 91.1 - 93.3 OF TITLE 4, CODE OF FEDERAL REGULATIONS, ARE ISSUED PURSUANT TO SECTION 5584 OF TITLE 5 U.S.C. WHICH WAS FIRST ENACTED BY PUBLIC LAW 90-616, APPROVED OCTOBER 21, 1968, AND LATER WAS AMENDED BY SECTION 3 OF PUBLIC LAW 92-453, APPROVED OCTOBER 2, 1972; SECTION 2774 OF TITLE 10 U.S.C. AS ADDED BY SECTION 1 OF PUBLIC LAW 92-453, APPROVED OCTOBER 2, 1972; AND SECTION 716 OF TITLE 32 U.S.C. AS ADDED BY SECTION 2 OF PUBLIC LAW 92-453, APPROVED OCTOBER 2, 1972.

TO THE HEADS OF EXECUTIVE AGENCIES AND MILITARY DEPARTMENTS:

SUBJECT: STANDARDS FOR WAIVER OF CLAIMS FOR ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES.

ENCLOSED IS A COPY OF THE REGULATIONS PRESCRIBING STANDARDS FOR THE WAIVER OF ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES WHICH ARE APPLICABLE BOTH TO CIVILIAN EMPLOYEES AND MEMBERS OR FORMER MEMBERS OF THE UNIFORMED SERVICES, INCLUDING THE NATIONAL GUARD. THESE REGULATIONS WHICH SUPERSEDE THE REGULATIONS PRESENTLY APPEARING IN CHAPTER 1, SUBCHAPTER G, SECTIONS 91.1 - 93.3 OF TITLE 4, CODE OF FEDERAL REGULATIONS, ARE ISSUED PURSUANT TO SECTION 5584 OF TITLE 5 U.S.C. WHICH WAS FIRST ENACTED BY PUBLIC LAW 90 -616, APPROVED OCTOBER 21, 1968, AND LATER WAS AMENDED BY SECTION 3 OF PUBLIC LAW 92-453, APPROVED OCTOBER 2, 1972; SECTION 2774 OF TITLE 10 U.S.C. AS ADDED BY SECTION 1 OF PUBLIC LAW 92-453, APPROVED OCTOBER 2, 1972; AND SECTION 716 OF TITLE 32 U.S.C. AS ADDED BY SECTION 2 OF PUBLIC LAW 92-453, APPROVED OCTOBER 2, 1972.

IN GENERAL, PUBLIC LAW 92-453 AUTHORIZES THE WAIVER OF CLAIMS OF THE GOVERNMENT ARISING FROM ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES (OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES) MADE TO MEMBERS OR FORMER MEMBERS OF THE UNIFORMED SERVICES INCLUDING THE NATIONAL GUARD. AT THE SAME TIME IT BROADENS EXISTING WAIVER AUTHORITY RELATING TO ERRONEOUS PAYMENTS TO CIVILIAN EMPLOYEES TO INCLUDE ALLOWANCES (OTHER THAN TRAVEL AND TRANSPORTATION EXPENSES AND ALLOWANCES AND RELOCATION EXPENSES PAYABLE UNDER 5 U.S.C. 5724A).

THE APPLICATION FOR WAIVER OF AN ERRONEOUS PAYMENT OF PAY TO A CIVILIAN EMPLOYEE MAY BE CONSIDERED IF RECEIVED EITHER IN THE GENERAL ACCOUNTING OFFICE OR EXECUTIVE AGENCY CONCERNED WITHIN 3 YEARS FROM THE DATE OF DISCOVERY OR WITHIN 3 YEARS AFTER OCTOBER 21, 1968, WHICHEVER IS LATER, AND THE ERRONEOUS PAYMENT MUST HAVE OCCURRED NOT EARLIER THAN JULY 1, 1960. APPLICATION FOR WAIVER OF AN ERRONEOUS ALLOWANCE PAYMENT TO A CIVILIAN EMPLOYEE MAY BE CONSIDERED IF APPLICATION IS RECEIVED EITHER IN THE GENERAL ACCOUNTING OFFICE OR IN THE EXECUTIVE AGENCY CONCERNED WITHIN 3 YEARS FROM THE DATE OF DISCOVERY OR 3 YEARS FROM OCTOBER 2, 1972, WHICHEVER IS LATER. THE ERRONEOUS ALLOWANCE PAYMENT TO BE CONSIDERED MUST HAVE OCCURRED NOT EARLIER THAN JULY 1, 1960.

THE APPLICATION FOR WAIVER OF AN ERRONEOUS PAYMENT OF PAY OR ALLOWANCES TO A MEMBER OR FORMER MEMBER OF THE UNIFORMED SERVICES, INCLUDING THE NATIONAL GUARD, MAY BE CONSIDERED ONLY IF RECEIVED EITHER IN THE GENERAL ACCOUNTING OFFICE OR THE OFFICE OF THE SECRETARY CONCERNED WITHIN 3 YEARS FROM THE DATE OF DISCOVERY.

AS WAS THE CASE UNDER 5 U.S.C. 5584, AS ORIGINALLY ENACTED, AN INDIVIDUAL WHO HAS REPAID AN INDEBTEDNESS PRIOR TO FAVORABLE ACTION ON HIS APPLICATION FOR WAIVER, MUST FILE A REQUEST FOR REFUND WITH THE AGENCY MAKING THE ERRONEOUS PAYMENT WITHIN 2 YEARS FROM THE DATE WAIVER WAS GRANTED.

IT IS ANTICIPATED THAT THE DEFINITIONS OF "PAY" AND "ALLOWANCES" CONTAINED IN THE REGULATIONS WILL COVER MOST OF THE CASES WHICH WILL ARISE. IF THERE IS DOUBT AS TO THE APPLICATION OF THE DEFINITIONS TO A PARTICULAR CASE, THE CASE MAY BE SUBMITTED FOR THE DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES IN THE USUAL MANNER. OF COURSE, OTHER CASES INVOLVING AN INTERPRETATION OF LAW ALSO MAY BE SUBMITTED FOR DECISION.

IT MUST BE REMEMBERED, HOWEVER, THAT ONLY ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES ARE SUBJECT TO WAIVER AND THAT ANY PAYMENT THAT IS LEGAL AND PROPER WHEN MADE ORDINARILY MAY NOT BE CONSIDERED FOR WAIVER, ALTHOUGH DUE TO CIRCUMSTANCES THEREAFTER OCCURRING, THE INDIVIDUAL MAY BECOME INDEBTED FOR ALL OR PART OF SUCH PAYMENT. EXAMPLES WOULD BE CASES OF LUMP SUM LEAVE PAYMENTS REQUIRED TO BE REFUNDED UPON REEMPLOYMENT, ADVANCED ANNUAL LEAVE UNLIQUIDATED AT TIME OF SEPARATION, REENLISTMENT BONUS NOT FULLY EARNED AT TIME OF SEPARATION, ETC. ..END :

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