>> BDC
( )Tj
EMC
34.433 0 Td
(referred to two letters from the)Tj
-34.433 -1.125 Td
(Defense Finance and Accounting Service \(DFAS\), one dated)Tj
/Span<>> BDC
( )Tj
EMC
24.631 0 Td
(November 22, 2006, and the other dated January 23, 2007.)Tj
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9.75 0 0 9.75 16 703.5 Tm
(\(3\))Tj
ET
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0.75 w
q 1 0 0 1 16 702.75 cm
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11.369 0 l
h
S
Q
BT
0 g
12 0 0 12 27.3687 699 Tm
( )Tj
(She did not receive either letter and)Tj
/Span<>> BDC
( )Tj
EMC
14.716 0 Td
(requests a copy of each. )Tj
9.829 0 Td
(She also disputes the validity of the underlying debt. )Tj
21.274 0 Td
(She)Tj
-46.767 -1.125 Td
(asserts that)Tj
/Span<>> BDC
( )Tj
EMC
4.666 0 Td
(there was no overpayment. )Tj
11.024 0 Td
(She contends that she was entitled to the severance pay because it)Tj
/Span<>> BDC
( )Tj
EMC
26.546 0 Td
(arose out of an)Tj
-42.236 -1.125 Td
(EEO settlement. )Tj
6.804 0 Td
(She states that one of the conditions of the settlement agreement)Tj
/Span<>> BDC
( )Tj
EMC
25.965 0 Td
(was that she could receive both)Tj
-32.769 -1.125 Td
(severance pay and disability retirement. )Tj
16.16 0 Td
(Therefore, she contends)Tj
/Span<>> BDC
( )Tj
EMC
9.829 0 Td
(that when she was awarded disability retirement)Tj
-25.989 -1.125 Td
(retroactive to the date of her separation, her)Tj
/Span<>> BDC
( )Tj
EMC
17.686 0 Td
(severance pay did not become an erroneous payment. )Tj
21.63 0 Td
(For the agency now to)Tj
-39.316 -1.125 Td
(insist on repayment)Tj
/Span<>> BDC
( )Tj
EMC
8.082 0 Td
(of the severance pay could be viewed as a violation of the settlement ag\
reement. )Tj
32.404 0 Td
(She asserts that)Tj
/Span<>> BDC
( )Tj
EMC
6.416 0 Td
(if)Tj
-46.901 -1.125 Td
(she cannot receive both severance pay and disability retirement for the \
same period of time, it)Tj
/Span<>> BDC
( )Tj
EMC
37.736 0 Td
(would make sense for her)Tj
-37.736 -1.125 Td
(to delay the effective date of her disability retirement to April 3, 200\
4.)Tj
0 -2.125 TD
(In the alternative, the employee asserts that if her severance pay is an\
erroneous payment, the remaining $10,534.70)Tj
0 -1.125 TD
(should be waived because she had no reason to know that she was receivin\
g amounts to which she was not entitled or)Tj
T*
(that she had a duty to retain such amounts for subsequent refund to the \
government or that she had a duty to make)Tj
T*
(prompt inquiry to the appropriate officials concerning her severance pay\
. She also disputes the period of overpayment)Tj
T*
(denied by the our Office. She states that since OPM's approval was dated\
February 5, 2004, and since the SF-50 was)Tj
T*
(dated February 24, 2004, denial of the overpayment should only apply aft\
er one of these two dates. )Tj
39.878 0 Td
(Finally, she states)Tj
-39.878 -1.125 Td
(that the Defense Finance and Accounting Service)Tj
/Span<>> BDC
( )Tj
EMC
20.021 0 Td
(\(DFAS\) has not responded to her request for a copy of all records)Tj
-20.021 -1.125 Td
(regarding the debt and her)Tj
/Span<>> BDC
( )Tj
EMC
10.746 0 Td
(request to have the collection efforts cease.)Tj
/TT1 1 Tf
11.16 -2.125 Td
(Discussion)Tj
/TT0 1 Tf
-21.906 -2.125 Td
(Under 5 U.S.C. \247 5584, we have the authority to waive collection of e\
rroneous)Tj
/Span<>> BDC
( )Tj
EMC
31.714 0 Td
(overpayments of pay and allowances if)Tj
-31.714 -1.125 Td
(collection would be against equity and good conscience)Tj
/Span<>> BDC
( )Tj
EMC
22.549 0 Td
(and not in the best interests of the United States, provided there)Tj
-22.549 -1.125 Td
(is no indication of fraud,)Tj
/Span<>> BDC
( )Tj
EMC
10.109 0 Td
(misrepresentation, fault or lack of good faith on the part of the employ\
ee. )Tj
/TT2 1 Tf
29.574 0 Td
(See)Tj
/TT0 1 Tf
( DoD Instruction)Tj
-39.683 -1.125 Td
(1340.23 \(Instruction\) \266 E4.1.2. )Tj
12.563 0 Td
(Waiver under 5 U.S.C. \247 5584 does not apply automatically to)Tj
/Span<>> BDC
( )Tj
EMC
25.217 0 Td
(relieve the debts of all)Tj
-37.78 -1.125 Td
(employees who, through no fault of their own, receive an erroneous)Tj
/Span<>> BDC
( )Tj
EMC
27.353 0 Td
(payment from the government. )Tj
12.635 0 Td
(An employee is not)Tj
-39.988 -1.125 Td
(entitled to waiver as a matter of right merely)Tj
/Span<>> BDC
( )Tj
EMC
18.077 0 Td
(because she was overpaid due to administrative error. )Tj
/TT2 1 Tf
21.687 0 Td
(See)Tj
/TT0 1 Tf
( Instruction \266)Tj
-39.763 -1.125 Td
(E4.1.3. )Tj
(Waiver is not)Tj
/Span<>> BDC
( )Tj
EMC
8.748 0 Td
(appropriate if an employee knew or should have known that she was receiv\
ing payments in)Tj
/Span<>> BDC
( )Tj
EMC
36.739 0 Td
(excess)Tj
-45.487 -1.125 Td
(of her entitlements. )Tj
7.998 0 Td
(An employee is considered to be aware of erroneous payments when)Tj
/Span<>> BDC
( )Tj
EMC
27.741 0 Td
(she possesses information)Tj
-35.738 -1.125 Td
(which reasonably suggests that the validity of the payments may be in)Tj
/Span<>> BDC
( )Tj
EMC
28.271 0 Td
(question. )Tj
/TT2 1 Tf
(See)Tj
/TT0 1 Tf
( DOHA Claims Case No. 04082704)Tj
-28.271 -1.125 Td
(\(September 20, 2004\). )Tj
9.192 0 Td
(When the employee)Tj
/Span<>> BDC
( )Tj
EMC
8.247 0 Td
(has knowledge of the questionable payments, she does not acquire title t\
o the)Tj
-17.439 -1.125 Td
(excess amounts and)Tj
/Span<>> BDC
( )Tj
EMC
8.192 0 Td
(has a duty to hold them until their validity is established or until she\
is asked to repay them.)Tj
/TT2 1 Tf
-8.192 -2.125 Td
(See)Tj
/TT0 1 Tf
( Instruction \266 E4.1.4 and DOHA Claims Case No. 04082704, )Tj
/TT2 1 Tf
26.116 0 Td
(supra)Tj
/TT0 1 Tf
(.)Tj
-26.116 -2.125 Td
(As discussed above, our jurisdiction in this matter is limited to consid\
eration under the)Tj
/Span<>> BDC
( )Tj
EMC
34.911 0 Td
(waiver statute, 5 U.S.C. \247 5584.)Tj
-34.911 -1.125 Td
(Therefore, we do not have jurisdiction over any of the issues)Tj
/Span<>> BDC
( )Tj
EMC
24.493 0 Td
(raised regarding the validity of the underlying debt. )Tj
20.855 0 Td
(The)Tj
-45.348 -1.125 Td
(Director of OPM has the authority to)Tj
/Span<>> BDC
( )Tj
EMC
15.025 0 Td
(review the issues raised relating to the employee's claimed entitlement \
to)Tj
-15.025 -1.125 Td
(severance pay because)Tj
/Span<>> BDC
( )Tj
EMC
9.3 0 Td
(he has the authority under 31 U.S.C. \247 3702\(a\)\(2\) to settle claim\
s involving Federal civilian)Tj
-9.3 -1.125 Td
(employees' compensation and leave. )Tj
14.814 0 Td
(OPM also has sole authority over the effective date of the)Tj
/Span<>> BDC
( )Tj
EMC
23.298 0 Td
(employee's disability)Tj
-38.112 -1.125 Td
(retirement. )Tj
4.609 0 Td
(If the employee has questions or concerns regarding )Tj
21.104 0 Td
(repayment of the debt and suspension of the collection)Tj
-25.713 -1.125 Td
(action, she should address them to DFAS. )Tj
17.026 0 Td
(In addition, the employee may also request that DFAS provide her with)Tj
-17.026 -1.125 Td
(copies of her records and)Tj
/Span<>> BDC
( )Tj
EMC
10.301 0 Td
(the two referenced letters.)Tj
-10.301 -2.125 Td
(As for the employee's request for waiver of the $10,534.70, the adjudica\
tor had a reasonable basis to find that the)Tj
T*
(employee knew or should have known upon receipt of OPM's approval of her\
disability retirement that the severance)Tj
T*
(payments she was receiving were questionable. When she received OPM's ap\
proval of her disability retirement by letter)Tj
T*
(dated February 5, 2004, she should have realized that her entitlement to\
severance pay was at least questionable now)Tj
T*
(that she would receive a disability retirement annuity. OPM's letter adv\
ised the employee that payment of her annuity)Tj
T*
(could not start until after her last day of pay. In addition, an SF-50 w\
as issued on February 24, 2004, which specifically)Tj
T*
(stated that the employee was not eligible for severance pay under a disa\
bility retirement and that her severance pay)Tj
ET
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