B-183051, APR 17, 1975

B-183051, APR 17, 1975

WIDOW OF DECEASED FEDERAL EMPLOYEE RECEIVED ERRONEOUS REFUND OF HIS RETIREMENT CONTRIBUTIONS FROM CSC AND REQUESTED WAIVER OF THE PAYMENTS UNDER 5 U.S.C. 5584. REFUSAL TO ACCEPT JURISDICTION OF WAIVER REQUEST BY TRANSPORTATION AND CLAIMS DIVISION, GAO, IS SUSTAINED AS WAIVER REQUEST DOES NOT COME WITHIN THE PURVIEW OF THE CITED PROVISION NOR WITHIN THE JURISDICTION OR CONTROL OF GAO AND IS FOR CONSIDERATION OF CSC UNDER 5 U.S.C. 8346(B).

RUTH S. WILLIAMS - WAIVER OF ERRONEOUS REFUND OF RETIREMENT DEDUCTIONS:

THIS ACTION IS IN RESPONSE TO A REQUEST BY MRS. RUTH S. WILLIAMS FOR RECONSIDERATION OF OUR TRANSPORTATION AND CLAIMS DIVISION REFUSAL TO CONSIDER HER REQUEST TO WAIVE RECOUPMENT UNDER 5 U.S.C. 5584 (SUPP. III, 1973) OF $9,967.32 REPRESENTING AN ERRONEOUS REFUND OF RETIREMENT DEDUCTIONS CONTRIBUTED BY HER LATE HUSBAND.

IN RESPONSE TO MRS. WILLIAMS' ORIGINAL REQUEST OF JANUARY 15, 1974, OUR TRANSPORTATION AND CLAIMS DIVISION FORWARDED HER LETTER TO THE BUREAU OF RETIREMENT, INSURANCE AND OCCUPATIONAL HEALTH, UNITED STATES CIVIL SERVICE COMMISSION (CSC), FOR CONSIDERATION UNDER THE PROVISIONS OF 5 U.S.C. 8346(B) (1970), 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. ***"

BY LETTER DATED JUNE 5, 1974, THE CSC DECLINED TO WAIVE RECOUPMENT OF THE ERRONEOUS PAYMENT, AND BY LETTER OF JULY 15, 1974, MRS. WILLIAMS WAS ADVISED BY THE OFFICE OF FEDERAL EMPLOYEES' COMPENSATION, DEPARTMENT OF LABOR, OF ITS INTENTION TO COOPERATE WITH THE BUREAU'S EFFORTS TO RECOUP THE ERRONEOUS PAYMENT BY WITHHOLDING A MUTUALLY AGREEABLE AMOUNT FROM HER MONTHLY BENEFITS. SHE THEN APPEALED TO US FOR RECONSIDERATION.

WE ARE WITHOUT AUTHORITY TO CONSIDER MRS. WILLIAMS' REQUEST SINCE 5 U.S.C. 5584, THE SECTION TO WHICH SHE REFERRED, PROVIDES ONLY FOR WAIVER OF A CLAIM OF THE UNITED STATES AGAINST A PERSON "ARISING OUT OF AN ERRONEOUS PAYMENT OF PAY OR ALLOWANCES *** TO AN EMPLOYEE OF AN AGENCY." THEREFORE, SECTION 5584 HAS NO APPLICATION SINCE THE CLAIM IN THIS CASE IS FOR AN ERRONEOUS REFUND OF RETIREMENT DEDUCTIONS, AND NOT FOR AN ERRONEOUS PAYMENT OF "PAY OR ALLOWANCES." B-165979, FEBRUARY 7, 1969. THE CSC HAS EXCLUSIVE JURISDICTION IN THE AREA OF RETIREMENT ENTITLEMENTS.

SINCE OUR OFFICE DOES NOT HAVE JURISDICTION IN THE MATTER, ANY EFFORTS FOR A RECONSIDERATION WHICH MRS. WILLIAMS MAY WISH TO MAKE SHOULD BE DIRECTED TO THE CIVIL SERVICE COMMISSION. IF CLAIMANT SHOULD REQUEST RECONSIDERATION, SHE MAY ALSO WISH TO NOTIFY THE OFFICE OF FEDERAL EMPLOYEES' COMPENSATION OF SUCH ACTION.

ON THE QUESTION OF WHAT OTHER REVIEW PROCESSES ARE AVAILABLE TO MRS. WILLIAMS IN THIS MATTER, HER ATTENTION IS INVITED TO THE PROVISIONS OF 28 U.S.C. 1346 AND 1491 (1970) CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND IN THE UNITED STATES COURT OF CLAIMS.

IN VIEW OF THE FOREGOING, OUR OFFICE MUST DECLINE TO TAKE ANY ACTION ON THE REQUEST.