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Return of Retirement Contributions

B-193625 Feb 26, 1981
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Highlights

The issue in question was whether a former employee may be held liable for more than his pro rata share of the loss suffered by the Government when that employee was one of several individuals involved in the theft and sale of Government property. In two separate instances, Government property was stolen. The evidence presented established the employee's involvement only with the first instance. In order to impose liability on a former employee, there must be substantial evidence to show that he was responsible for the loss involved. Since the record does not show that the employee was involved with the second instance, he can only be held liable for that part of the loss which ocurred in the first instance. The Government had assigned the employee's entire retirement pension to the agency that sustained the loss in the robberies. GAO held that only the pro rata share of the loss could by retained by the agency and that the difference must be refunded to the employee.

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