%PDF-1.6
%
1 0 obj
<>
endobj
2 0 obj
<>stream
2021-06-11T13:14:38-04:00
2021-06-11T13:14:38-04:00
2021-06-11T13:14:38-04:00
Adobe Acrobat 17.0
application/pdf
98081726
uuid:75c5aa9e-f1af-4dfc-8d82-4cd0413aeb50
uuid:e715c684-af8b-43ac-b760-e70469a472b6
Acrobat Web Capture 15.0
endstream
endobj
5 0 obj
<>
endobj
6 0 obj
<>
endobj
3 0 obj
<>
endobj
7 0 obj
<>
endobj
8 0 obj
<>
endobj
14 0 obj
<>>>
endobj
15 0 obj
<>
endobj
16 0 obj
<>
endobj
18 0 obj
[17 0 R 17 0 R]
endobj
19 0 obj
[17 0 R 17 0 R]
endobj
17 0 obj
<><>]/P 15 0 R/Pg 12 0 R/S/Article>>
endobj
12 0 obj
<>/ProcSet[/PDF/Text]>>/StructParents 0/Type/Page>>
endobj
20 0 obj
<>stream
BT
/Artifact <>BDC
/TT0 1 Tf
9 0 0 9 5 779 Tm
(98081726)Tj
EMC
/Artifact <>BDC
0 -86 TD
(file:///usr.osd.mil/)Tj
7.166 0 Td
(...)Tj
(/_MyComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/claims/civili\
an/HTML%20Word/98081726.html)Tj
49.38 0 Td
([6/11/2021 1:14:38 PM])Tj
EMC
ET
1 g
10 36 591.75 729.75 re
f
0.604 g
q 1 0 0 1 16.0002 734.2497 cm
0 0 m
0.75 -0.75 l
579 -0.75 l
579.749 0 l
h
f
Q
0.933 g
q 1 0 0 1 16.7499 733.5 cm
0 0 m
-0.75 -0.75 l
579 -0.75 l
578.25 0 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 732.7503 cm
0 0 m
0.75 0.75 l
0 1.499 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 733.5 cm
0 0 m
0.75 -0.75 l
0.75 0.75 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 650.25 cm
0 0 m
0.75 -0.75 l
579 -0.75 l
579.749 0 l
h
f
Q
0.933 g
q 1 0 0 1 16.7499 649.5003 cm
0 0 m
-0.75 -0.751 l
579 -0.751 l
578.25 0 l
h
f
Q
0.604 g
q 1 0 0 1 16.0002 648.7497 cm
0 0 m
0.75 0.751 l
0 1.5 l
h
f
Q
0.933 g
q 1 0 0 1 594.9999 649.5003 cm
0 0 m
0.75 -0.751 l
0.75 0.75 l
h
f
Q
/Article <>BDC
EMC
BT
/Article <>BDC
0 g
12 0 0 12 16 749.25 Tm
(October 29, 1998)Tj
0 -2.75 TD
(In Re:)Tj
0 -2.125 TD
([Redacted])Tj
T*
(Claimant)Tj
0 -2.75 TD
(\))Tj
0 -2.125 TD
(Claims Case No. 98081726)Tj
/TT1 1 Tf
15.224 -2.125 Td
(CLAIMS APPEALS BOARD DECISION)Tj
-15.224 -2.125 Td
(DIGEST)Tj
/TT0 1 Tf
T*
(An employee's pay began to be miscalculated in 1990 following a personne\
l action which was taken after he was injured)Tj
0 -1.125 TD
(at work. He was notified of the miscalculation in February)Tj
/Span<>> BDC
( )Tj
EMC
23.632 0 Td
(1996. Under 5 U.S.C. \247 5584, the amounts he erroneously)Tj
-23.632 -1.125 Td
(received before he was notified are waived because he was unaware of the\
error. The amounts he was paid after)Tj
T*
(notification may not be waived because he did not acquire title to those\
amounts and had a duty to return them when)Tj
T*
(asked to do so.)Tj
/TT1 1 Tf
0 -2.125 TD
(DECISION)Tj
/TT0 1 Tf
T*
(This is in response to an appeal of DOHA's Claims Settlement, DOHA Claim\
No. 98042013, May 11, 1998, which)Tj
0 -1.125 TD
(waived $69,464.29 of an employee's debt of $70,995.49, and)Tj
/Span<>> BDC
( )Tj
EMC
24.62 0 Td
(denied waiver of the remaining $1,531.20. The debt arose)Tj
-24.62 -1.125 Td
(when the employee's pay was miscalculated between September 1990 and Mar\
ch 1996.)Tj
/TT1 1 Tf
21.517 -2.125 Td
(Background)Tj
/TT0 1 Tf
-21.517 -2.125 Td
(According to the record before us, the employee was injured on the job o\
n October 19, 1988. When it was later)Tj
T*
(determined that the injury prevented him from performing the duties of h\
is position as a TC-I, he was erroneously)Tj
T*
(advised in a memo dated August 6, 1990, that he was being reassigned to \
the grade of GS-4, but would retain the grade)Tj
T*
(of TC-I for two years and the pay of a TC-I indefinitely. A memo dated J\
uly, 16, 1997, states that the action that should)Tj
T*
(have been taken was a "change to a lower grade" with a pay retention)Tj
/Span<>> BDC
( )Tj
EMC
28.027 0 Td
(entitlement. Under the "change to a lower grade,")Tj
-28.027 -1.125 Td
(his pay should have been calculated at 150 percent of the pay of a GS-4 \
step 10. According to the administrative report,)Tj
T*
(the)Tj
/Span<>> BDC
( )Tj
EMC
(employee was overpaid from September 2, 1990, through March 2, 1996. He \
was notified that he was being)Tj
T*
(overpaid on February 8, 1996. Because the employee had no way of)Tj
/Span<>> BDC
( )Tj
EMC
27.492 0 Td
(knowing of the overpayments until he was notified)Tj
-27.492 -1.125 Td
(by telephone on February 8, 1996, we waived the $69,464.29 he received t\
hrough January 20, 1996. We denied waiver)Tj
T*
(of the)Tj
/Span<>> BDC
( )Tj
EMC
($1,531.20 he received after he became aware of the error. The employee a\
rgues that the balance should be waived)Tj
T*
(because of the actions and errors of the agency.)Tj
/TT1 1 Tf
21.906 -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 payments of pay or allowances to DoD)Tj
T*
(employees if collection would be against equity and good)Tj
/Span<>> BDC
( )Tj
EMC
23.3 0 Td
(conscience and not in the best interest of the United States)Tj
-23.3 -1.125 Td
(and if there is no indication of fraud, fault, misrepresentation, or lac\
k of good faith. )Tj
/TT2 1 Tf
33.518 0 Td
(See)Tj
/TT0 1 Tf
( Standards for Waiver, 4 C.F.R.\247)Tj
-33.518 -1.125 Td
(91.5\(b\) \(1996\). Our decisions indicate that waiver is not appropriat\
e when the employee is aware that he is being)Tj
T*
(overpaid. )Tj
/TT2 1 Tf
3.999 0 Td
(See )Tj
/TT0 1 Tf
(DOHA Claims Case No.98040118 \(July 6, 1998\);)Tj
/Span<>> BDC
( )Tj
EMC
(DOHA Claims Case No. 97082535 \(November 4,)Tj
-3.999 -1.125 Td
(1997\).)Tj
0 -2.125 TD
(In our Settlement Certificate we waived collection of the $69,464.29 whi\
ch the employee received prior to notification.)Tj
0 -1.125 TD
(We properly denied waiver of the $1,531.20 which was paid)Tj
/Span<>> BDC
( )Tj
EMC
24.437 0 Td
(to him after he was notified. When an employee is aware)Tj
-24.437 -1.125 Td
(that he is being overpaid, waiver is not appropriate. He does not acquir\
e title to the excess payments and has a duty to)Tj
EMC
ET
endstream
endobj
21 0 obj
<>
endobj
22 0 obj
(ٹD7-|`fz)
endobj
23 0 obj
<>
endobj
24 0 obj
<>
endobj
25 0 obj
<>
endobj
30 0 obj
<>
endobj
31 0 obj
<>stream
H\j0~
CI6v!-R[cdfH3_>ԮdsI\;'֙7}Ey];SX-XWu^|zpLeYJ-&zikӃLbتxM
c<>g2517B W)Rγ.n(2rNS4sE|d>"o#v
bV;o"AΙsdyQ[-1裙51kSMq~ETSBs_sFz4\WS]u5\WS]g˼]+N_>ffn!s u^b}W D
endstream
endobj
32 0 obj
<>stream
H| TnC*)0=3-5&j /yI,E
"h\pqEEQqCܝqpw<5a{S]>{zA_nY^"_1r
ZS 6HorW 8E
]4@d b&F_ {Zމ?ytx=h9