B-177180, DEC 22, 1972
Highlights
IT IS THE COMP. GEN.'S VIEW THAT THE ERRONEOUS INCREASE PER PAY PERIOD WAS NOT SO SIGNIFICANT AS TO PUT CLAIMANT ON CONSTRUCTIVE NOTICE OF THE ERROR. IT IS FURTHER NOTED THAT THE ERROR OCCURRED OUT OF THE AGENCY'S IMPLEMENTATION OF THE PAY ACT OF 1966. TO MISS AMELIA HARTMAN: REFERENCE IS MADE TO YOUR LETTER DATED JULY 24. WHICH IS VIEWED AS CONSTITUTING AN APPEAL FROM THE ACTION OF OUR TRANSPORTATION AND CLAIMS DIVISION IN DENYING YOUR REQUEST FOR WAIVER. YOU WERE ERRONEOUSLY PAID AT THE RATE OF GS-7. YOU WERE OVERPAID $33.60 PER PAY PERIOD FROM JULY 16. UPON FURTHER REVIEW OF THE FACTS SURROUNDING YOUR OVERPAYMENT IT IS OUR VIEW THAT THE ERRONEOUS INCREASE PER PAY PERIOD WAS NOT SO SIGNIFICANT AS TO NECESSARILY PUT YOU ON NOTICE THAT AN ERROR HAD BEEN MADE.
B-177180, DEC 22, 1972
CIVILIAN EMPLOYEE - PAYMENT AT WRONG GRADE - WAIVER DECISION REGARDING THE REQUEST OF AMELIA HARTMAN FOR WAIVER, UNDER THE AUTHORITY OF 5 U.S.C. 5584, AS ADDED BY PUB. L. 90-616, OF AN ERRONEOUS PAYMENT OF PAY IN THE AMOUNT OF $820 WHILE EMPLOYED BY THE STRATEGIC AIR COMMAND. IT IS THE COMP. GEN.'S VIEW THAT THE ERRONEOUS INCREASE PER PAY PERIOD WAS NOT SO SIGNIFICANT AS TO PUT CLAIMANT ON CONSTRUCTIVE NOTICE OF THE ERROR. IT IS FURTHER NOTED THAT THE ERROR OCCURRED OUT OF THE AGENCY'S IMPLEMENTATION OF THE PAY ACT OF 1966. ACCORDINGLY, A WAIVER OF THE INDEBTEDNESS WOULD BE PROPER.
TO MISS AMELIA HARTMAN:
REFERENCE IS MADE TO YOUR LETTER DATED JULY 24, 1972, WHICH IS VIEWED AS CONSTITUTING AN APPEAL FROM THE ACTION OF OUR TRANSPORTATION AND CLAIMS DIVISION IN DENYING YOUR REQUEST FOR WAIVER, UNDER THE AUTHORITY OF 5 U.S.C. 5584, AS ADDED BY PUBLIC LAW 90-616, APPROVED OCTOBER 21, 1968, OF AN ERRONEOUS PAYMENT OF PAY IN THE AMOUNT OF $820 WHILE EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE, STRATEGIC AIR COMMAND.
THE RECORD INDICATES THAT AT THE TIME OF THE IMPLEMENTATION OF THE FEDERAL EMPLOYEES SALARY ACT OF 1966, YOU WERE ERRONEOUSLY PAID AT THE RATE OF GS-7, STEP 4, RATHER THAN THE PROPER RATE OF A GS-5, STEP 6. AS A RESULT OF THIS ADMINISTRATIVE ERROR, YOU WERE OVERPAID $33.60 PER PAY PERIOD FROM JULY 16, 1966, THROUGH AUGUST 12, 1967. AT THE TIME OF DISCOVERY OF THE ERROR ON AUGUST 24, 1967, YOUR GROSS OVERPAYMENT AMOUNTED TO $955.92. THIS AMOUNT HAS BEEN COLLECTED BY PAYROLL DEDUCTIONS.
UPON FURTHER REVIEW OF THE FACTS SURROUNDING YOUR OVERPAYMENT IT IS OUR VIEW THAT THE ERRONEOUS INCREASE PER PAY PERIOD WAS NOT SO SIGNIFICANT AS TO NECESSARILY PUT YOU ON NOTICE THAT AN ERROR HAD BEEN MADE. IN THIS REGARD WE NOTE THAT THE ERROR ACCRUED OUT OF YOUR AGENCY'S IMPLEMENTATION OF THE PAY ACT OF 1966. ALSO, IT HAS NOT BEEN SHOWN THAT YOU KNEW EXACTLY THE INCREASED PAY ACCORDED YOU BY THE OPERATION OF SUCH ACT AND YOU STATE THAT YOU WERE NOT AWARE OF THE OVERPAYMENTS WHICH HAD BEEN MADE IN YOUR PAYCHECK.
IN ADDITION, WE DEEM IT SIGNIFICANT THAT WHILE YOU WERE FURNISHED LEAVE AND EARNINGS STATEMENTS DURING THE PERIOD OF THE OVERPAYMENTS, THERE IS NO EVIDENCE INDICATING THAT YOUR GRADE AND STEP WERE STATED UPON THE FACE OF SUCH STATEMENTS. HENCE, IT ALSO CANNOT BE SAID THAT MERE RECEIPT OF THE DOCUMENTS CONSTITUTED CONSTRUCTIVE NOTICE TO YOU THAT YOU HAD BEEN PLACED IN THE WRONG PAY CATEGORY AND THEREFORE WERE BEING PAID AT AN IMPROPER RATE.
ACCORDINGLY, ON THE BASIS OF THE FOREGOING, IT IS NOW OUR VIEW THAT WAIVER OF YOUR INDEBTEDNESS IN THE INSTANT CASE WOULD BE PROPER. SETTLEMENT WILL BE ISSUED IN YOUR FAVOR IN DUE COURSE FOR THE SUM FOUND DUE.