B-165979, FEB. 7, 1969
Highlights
THE PAYMENT OF A RETIREMENT ANNUITY WAS NOT MADE TO YOU AS AN EMPLOYEE OF AN EXECUTIVE AGENCY BUT WAS MADE TO YOU AS AN ANNUITANT . THE INDIVIDUAL IS WITHOUT FAULT AND RECOVERY WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE. * * *" ANY SUCH REQUEST UNDER THIS LAW SHOULD BE DIRECTED TO THE CIVIL SERVICE COMMISSION RATHER THAN THE GENERAL ACCOUNTING OFFICE.
B-165979, FEB. 7, 1969
TO MR. JAMES H. PASSMORE:
WE REFER TO YOUR LETTER OF JANUARY 16, 1969, IN WHICH YOU REQUEST THAT THE GOVERNMENT'S CLAIM AGAINST YOU IN THE AMOUNT OF $477.57 REPRESENTING AN OVERPAYMENT OF CIVIL SERVICE RETIREMENT ANNUITY BE WAIVED UNDER THE AUTHORITY OF PUBLIC LAW 90-616.
THERE DOES NOT APPEAR TO BE ANY AUTHORITY UNDER PUBLIC LAW 90-616 TO WAIVE AN ERRONEOUS PAYMENT OF RETIREMENT ANNUITY SINCE THAT LAW AUTHORIZES ONLY THE WAIVER OF ERRONEOUS PAYMENTS OF PAY MADE TO AN EMPLOYEE OF AN EXECUTIVE AGENCY. THE PAYMENT OF A RETIREMENT ANNUITY WAS NOT MADE TO YOU AS AN EMPLOYEE OF AN EXECUTIVE AGENCY BUT WAS MADE TO YOU AS AN ANNUITANT -- A FORMER EMPLOYEE WHO HAS QUALIFIED FOR AN ANNUITY UNDER THE RETIREMENT LAW.
IN CONNECTION WITH THE MATTER YOU MAY WISH TO REQUEST THAT YOUR CASE BE CONSIDERED FOR WAIVER UNDER THE AUTHORITY OF 5 U.S.C. 8346 WHICH PROVIDES IN PART AS FOLLOWS:
"/B) RECOVERY OF PAYMENTS UNDER THIS SUBCHAPTER MAY NOT BE MADE FROM AN INDIVIDUAL WHEN, IN THE JUDGMENT OF THE CIVIL SERVICE COMMISSION, THE INDIVIDUAL IS WITHOUT FAULT AND RECOVERY WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE. * * *"
ANY SUCH REQUEST UNDER THIS LAW SHOULD BE DIRECTED TO THE CIVIL SERVICE COMMISSION RATHER THAN THE GENERAL ACCOUNTING OFFICE.