12/29/2011

The fact that an employee has salary sent directly to a bank does not relieve him of the responsibility of verifying his bank statements, questioning any discrepancies, and setting the money aside for repayment. A waiver is not appropriate when a recipient knows, or reasonably should know, that payment is erroneous. The recipient has a duty to notify an appropriate official and to set aside the funds for eventual repayment to the government, even if the government fails to act after such notification.

12/20/2011

To be considered under the provisions of 5 U.S.C. § 5584(b)(3), an employee’s waiver request must be received within three years of the discovery of the debt.

12/15/2011

Under 5 U.S.C. § 5584, the Defense Office of Hearings and Appeals (DOHA) has the authority to waive a claim for repayment of erroneous payments of pay and certain allowances made to specified federal employees, if collection of the claim would be against equity and good conscience and not in the best interests of the United States, provided that there is no evidence of fraud, fault, misrepresentation or lack of good faith on the part of the employee.

12/15/2011

A physician who resigned prior to the termination of his service under a Recruitment Incentive Service Agreement was required to reimburse the government for the amount of the recruitment incentive bonus (RIB) payments he received in excess of the amount attributable to his completed service. Under 5 U.S.C. § 5584, the resulting debt may not be considered for waiver since the payment was proper when made.

11/29/2011

Under 5 U.S.C. § 5584, waiver of the indebtedness that an employee incurs when the government fails to deduct Federal Employees Health Benefits Program premiums from her salary is not appropriate since the employee is partially at fault for not verifying the correctness of her leave and earnings statements. Moreover, it is not inequitable to require repayment when the employee had the benefit of the insurance coverage during the period when the government failed to collect the premiums.

11/03/2011

Title 5, United States Code, § 5584 provides authority for waiving claims for erroneous payments of pay and certain allowances made to specified federal employees, if collection of the claim would be against equity and good conscience and not in the best interest of the United States, provided there is no indication of fraud, fault, misrepresentation, or lack of good faith on the part of the employee or any other person having an interest in obtaining the waiver.

11/03/2011

Title 5, United States Code, § 5584 provides authority for waiving claims for erroneous payments of pay and certain allowances made to specified federal employees, if collection of the claim would be against equity and good conscience and not in the best interest of the United States, provided there is no indication of fraud, fault, misrepresentation, or lack of good faith on the part of the employee or any other person having an interest in obtaining the waiver.

10/24/2011

When an employee is aware or should be aware that he is receiving payments in excess of his entitlements, he does not acquire title to the excess amounts, and has a duty to hold the money for eventual repayment. In such circumstances, waiver is not appropriate.

09/30/2011

Under 5 U.S.C. § 5584, when an employee is aware that he is receiving overpayments, he does not acquire title to the excess amounts, and he has a duty to hold the money for eventual repayment. In such circumstances, waiver is not proper.

09/29/2011

A waiver is not appropriate under 5 U.S.C. § 5584 when the employee receives a significant, unexplained payment of pay or allowances. In such a case, the recipient has a duty to ascertain the reason for the payment and to set aside the funds for eventual repayment to the government.

9/16/2011

Due to an administrative error, an employee’s salary was miscalculated, causing him to be overpaid. He was unaware he was being overpaid until he was notified of the indebtedness in June 2009. Under 5 U.S.C. § 5584, the amounts he received before notification may be waived. However, the amounts he received after notification may not be waived because he did not acquire title to the excess amounts and has a duty to return them to the government.

9/14/2011

A waiver is not appropriate under 5 U.S.C. § 5584 when the employee receives a significant, unexplained payment of pay or allowances. In such a case, the recipient has a duty to ascertain the reason for the payment and to set aside the funds for eventual repayment to the government.

8/24/2011

An employee of the Army requests reconsideration of the July 27, 2011, decision of the Defense Office of Hearings and Appeals (DOHA) in DOHA Claim No. 2011-WV-030802. In that decision, DOHA followed a recommendation of the Defense Finance and Accounting Service (DFAS), and waived $1,349.16 of the $1,913.70 that the employee owed the government due to the overpayment of salary, but denied waiver of the $564.54 balance of the indebtedness. The employee seeks waiver of the remaining $564.54 of the indebtedness.

7/21/2011

Waiver of an employee’s debt is not appropriate when the employee knows or should be aware that he was receiving pay to which he was not entitled. Upon receipt of an unexplained salary payment, the employee should be aware of the strong possibility that it is erroneous and promptly bring it to the attention of appropriate officials.

7/21/2011

When an employee is aware or reasonably should be aware that he is receiving payments in excess of his entitlements, he does not acquire title to the excess amounts and has a duty to hold them for eventual repayment. In such a case, waiver under 5 U.S.C. § 5584 is not appropriate.

5/25/2011

A condition precedent to the granting of waiver relief under 5 U.S.C. § 5584 to forestall the government’s collection of a debt owed by an employee, is the existence of an erroneous payment of pay or allowances. Without an erroneous payment, waiver relief cannot be considered.

4/07/2011

Title 5, United States Code, § 5584 provides authority for waiving claims for erroneous payments of pay and certain allowances made to specified federal employees, if collection of the claim would be against equity and good conscience and not in the best interest of the United States provided there is no indication of fraud, fault, misrepresentation, or lack of good faith on the part of the employee or any other person having an interest in obtaining the waiver.

1/26/2011

An employee requested waiver of repayment of his indebtedness resulting from the erroneous under-deduction of his health insurance premiums. The debt occurred after the employee changed health insurance plans. Waiver of the debt under 5 U.S.C. § 5584 is not appropriate since the employee should have known of the error when his leave and earnings statements (LES) did not reflect the change to the new health plan code number and the amount of premiums withheld from his salary remained the same. Moreover, it is not inequitable to require repayment when the employee had the benefit of the more costly health plan coverage.

1/19/2011

A physician who ceased providing services under a Physicians Comparability Allowance Service Agreement was required to refund the comparability allowance payments she earned during the 26 weeks prior to the termination of her service. Under 5 U.S.C. § 5584, the resulting debt may not be considered for waiver since the payments were proper when made.

10/27/2011

Waiver of an overpayment of basic allowance for housing at the dependent rate is appropriate only to the extent that the overpayment was spent for its intended purpose.

7/28/2011

A debt that arises due to reconciliation of an employee’s Living Quarters Allowance (LQA) cannot be considered for waiver under 5 U.S.C. § 5584, unless it is shown that the LQA payments were erroneous when made.

7/27/2011

A debt that arises due to reconciliation of an employee’s Living Quarters Allowance (LQA) cannot be considered for waiver under 5 U.S.C. § 5584, unless it is shown that the LQA payments were erroneous when made.

7/11/2011

Due to an administrative error, an employee’s salary was miscalculated, causing him to be overpaid. He was unaware he was being overpaid until he was notified of the indebtedness on October 29, 2010. Under 5 U.S.C. § 5584, the amounts he received before notification may be waived. However, the amounts he received after notification may not be waived because he did not acquire title to the excess amounts and has a duty to return them to the government.

5/19/2011

Waiver under 5 U.S.C. § 5584 is not available to relieve an employee of the obligation to repay voluntary separation incentive pay (VSIP) when she accepted a new position in the Federal civilian service within 5 years of the separation upon which her incentive pay was based. Waiver under 5 U.S.C. § 5584 requires an erroneous payment, but the payment of VSIP in this case was proper when made.

5/03/2011

After an employee resigned from the Department of the Army, he continued to receive salary. The employee was aware that he had erroneously received salary after his resignation. When an employee is aware that he is being overpaid, he cannot reasonably expect to retain the overpayments, but must set them aside for eventual repayment.

2/10/2011

Section 5584 of title 5, United States Code, provides authority for waiving claims for erroneous payments of pay and certain allowances made to specified federal employees. While our Office has the authority to consider claims of the United States for waiver under the provision of 5 U.S.C. § 5584, this statute specifically limits our authority only to claims which arose from an erroneous payment. If the payments were correct when made, this Office has no authority to relieve an employee of her obligation to repay the Government.

1/19/2011

Section 5584 of title 5, United States Code, provides authority for waiving claims for erroneous payments of pay and certain allowances made to specified federal employees, if collection of the claim would be against equity and good conscience and not in the best interests of the United States, provided there is no indication of fraud, fault, misrepresentation, or lack of good faith on the part of the employee or any other person having an interest in obtaining the waiver.

1/11/2011

Section 5584 of title 5, United States Code, provides authority for waiving claims for erroneous payments of pay and certain allowances made to specified federal employees, if collection of the claim would be against equity and good conscience and not in the best interest of the United States, provided that there is no evidence of fraud, fault, misrepresentation, or lack of good faith on the part of the employee or any other person having an interest in obtaining the waiver.

7/08/2011

A physician who ceased providing services under a Physicians Comparability Allowance Service Agreement was required to refund the total amount of comparability allowance payments she received prior to the termination of her service. Under 5 U.S.C. § 5584, the resulting debt may not be considered for waiver since the payments were proper when made.