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B-260843 1 (1996-10-24)

handle is hein.gao/gaocrptadqa0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Alan D. Zempel-Salary Overpayments-Waiver File: B-260843 Date: October 24, 1996 DIGEST GS-13 employee was temporarily promoted to GM-14 for the period April 1989 through April 1991, when he was returned to his previous GS-13 position. In February 1992, he was again temporarily promoted to the GM-14 position, until February 1993, when he was returned to GS-13. In March 1993 the agency advised him that due to several errors in setting his pay during these periods, he had been overpaid for which he would be in debt. At about the same time, he was permanently promoted to GM-14, and his pay was again erroneously set at a higher rate which caused him to receive overpayments through November 1993 when the agency corrected the error. Waiver was granted for overpayments he received during the period through February 1993, but denied for the subsequent period on the basis that the advice he received in March should have put him on notice that his pay was incorrect. On appeal, waiver is granted for the additional period since record supports employee's contention that the March advice related only to prior problems with his pay, and he was not aware that upon his subsequent promotion it again was set erroneously. DECISION This is in response to Mr. Alan D. Zempel's appeal of our Claims Group's partial denial of his request for waiver of a debt which arose from overpayments of pay he received in various positions over several years as an employee of the Internal Revenue Service.1 Upon review of the matter, as explained below, we overrule the portion of the Claims Group's settlement denying waiver and waive the additional amount. BACKGROUND Mr. Zempel's debt resulted from several personnel and pay setting actions that took place between April 1991 and November 1993, which were determined by the 1Claims Group Settlement Z-2927659-050, Nov. 29, 1994. 3171023