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(DATE: July 18, 1997)Tj
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(In Re:)Tj
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([Redacted])Tj
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(Claimant)Tj
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(Claims Case No. 97031009)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(An employee was aware that his salary was to be reduced by the amount of\
the disability annuity he )Tj
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(was receiving from)Tj
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(the Office of Personnel Management. )Tj
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(Although the employee notified the proper )Tj
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(authorities that the reductions were not)Tj
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(being made, the resulting debt cannot be waived. )Tj
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(When an )Tj
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(employee is aware that he is being overpaid, he cannot)Tj
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(reasonably expect to retain the overpayments, )Tj
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(but must set them aside for eventual repayment.)Tj
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(DECISION)Tj
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(This is in response to an appeal of DOHA's Settlement Certificate, DOHA \
Claim No. 97016172, )Tj
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(February 18, 1997,)Tj
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(which denied the request of a reemployed annuitant for waiver of a debt \
which )Tj
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(arose when his pay was not reduced by)Tj
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(the amount of his disability annuity.)Tj
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(Background)Tj
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(The record indicates that the employee was retired from his position as \
a National Guard Technician )Tj
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(in 1994 and began)Tj
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(to receive a disability annuity. )Tj
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(On January 23, 1995, he was appointed to a )Tj
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(temporary position with the Defense)Tj
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(Commissary Agency \(Agency\). )Tj
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(His salary should have been )Tj
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(reduced to reflect the disability annuity he was receiving.)Tj
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(Through administrative error, his salary )Tj
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(was not reduced from January 23 through October 13, 1995. )Tj
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(This resulted in an)Tj
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(overpayment of )Tj
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($9,052.80. )Tj
(From October 14 through 28, 1995, his salary was reduced, but the amount\
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(reduction)Tj
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(was $38.40 too little. )Tj
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(This increased the total debt to $9,091.20.)Tj
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( In the Settlement )Tj
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(Certificate, we waived $582.40)Tj
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(which he received between January)Tj
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(23 and February 18, 1995, plus the $38.40 caused by miscalculation of th\
e reduction for two weeks. )Tj
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(We denied waiver)Tj
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(of the balance of the debt, $8,470.40.)Tj
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(Through his attorney, the employee points out that in early March 1995 h\
e began receiving Leave )Tj
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(and Earnings)Tj
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(Statements \(LES\) and realized that his salary was not being reduced by\
the amount of )Tj
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(his disability annuity payments.)Tj
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(He brought this error to the attention of his supervisor. )Tj
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(In )Tj
(mid-March Agency personnel informed him that his salary)Tj
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(would be reduced by $450 every two )Tj
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(weeks. )Tj
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g)Tj
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(terminated, but was )Tj
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(later informed that the letter was sent in error. )Tj
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(Subsequent LESs contained corrections, but the)Tj
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(reductions due to his annuity did not begin until October. )Tj
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(His position, which was originally to last )Tj
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(two years, was)Tj
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(terminated in February 1996, after one year. )Tj
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(The employee points out that his LESs )Tj
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(with their frequent corrections and)Tj
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(fluctuations were difficult to understand and that he questioned )Tj
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(them and attempted to have the deductions made.)Tj
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(Discussion)Tj
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(Under 5 U.S.C. )Tj
(5584, we may grant waiver of erroneous payments of salary to a civilian \
employee )Tj
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(or former employee)Tj
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(of the Department of Defense if collection would be against equity and g\
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(the United States if there is no indication of fraud, fault, )Tj
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(misrepresentation, or lack of good faith on the part of the)Tj
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(employee. )Tj
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( Standards for Waiver, 4 )Tj
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(91.5\(b\). )Tj
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