[Question on Government Reimbursement]

The U.S. Information Agency (USIA) asked whether a retired Foreign Service officer should be required to reimburse the government for the use of 76 hours of excess sick leave. Incident to implementing a Foreign Service Grievance Board decision ordering the recomputation of the officer's annuity, GAO advised USIA to effect a retroactive retirement date and to treat the officer as a reemployed annuitant until he actually retired. This action resulted in the employee's being granted sick leave in excess of the amount to his credit. Regulations governing the accumulation of sick leave provide that, upon separation, an employee who is indebted for unearned leave must refund the amount paid to him during the period covered by that leave. GAO held that: (1) since the excess leave resulted from a retroactive determination of the Grievance Board, it was obviously granted in error; and (2) there was no indication of fraud, misrepresentation, or lack of good faith on the part of the officer. Accordingly, any debt resulting from the grant of excess leave for the period in question may be waived.