11/28/2007

An employee was erroneously authorized a recruitment bonus. Since he was promptly notified of the error, collection of the resulting debt under 5 U.S.C. § 5584 is not against equity and good conscience.

11/15/2007

Waiver is not appropriate when a recipient knows, or reasonably should know, that payment is erroneous. 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 the appropriate officials.

11/08/2007

Waiver of an employee's debt is not appropriate where the employee knew or had reason to know that his pay was exceeding his proper entitlement.

11/08/2007

An employee requests reconsideration of the September 25, 2007, appeal decision of the Defense Office of Hearings and Appeals (DOHA) in DOHA Claim No. 07081002. In that decision, DOHA waived $2,271.96 of the $10,513.09 claim against the employee and determined that the balance ($8,241.13) could not be considered for waiver.

11/07/2007

Administrative error, by itself, is not a sufficient basis for waiving a debt under 5 U.S.C. §5584.

10/25/2007

10/19/2007

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, she must hold such funds for repayment to the government and repay them when she is requested to do so or until the propriety of the payment is officially established.

10/16/2007

Waiver is not appropriate under 5 U.S.C. § 5584 when an employee knows or should be aware that he is receiving pay to which he is not entitled.

10/11/2007

Waiver is not appropriate under 5 U.S.C. § 5584 when an employee knows or should be aware that she was receiving pay to which she was not entitled.

10/11/2007

An employee who erroneously received shift differential pay at the rate for the third shift when he was working the second shift is deemed partially at fault under the waiver statute when his leave and earnings statements reflected he was being paid for the third shift.

10/10/2007

Waiver is not appropriate when an employee is aware or should be aware that she is receiving a payment in excess of her entitlement.

9/20/2007

Waiver of the indebtedness that an employee incurs when the government fails to deduct for his Federal Employee Health Benefit Program premiums is not appropriate under 5 U.S.C. § 5584 if the employee is partially at fault for not verifying the correctness of his leave and earnings statements. Moreover, it is not inequitable to require repayment when the employee had the benefit of the insurance coverage during the periods when the government failed to collect the premiums.

9/17/2007

In order to be considered for waiver under 5 U.S.C. § 5584, a debt must arise from an erroneous payment of pay or allowances.

9/17/2007

An employee who had made a written request for coverage under Federal Employee's Group Life Insurance (FEGLI) changed his mind about such coverage. Considering the language on the insurance application form that the employee signed and other factors, the employee should have questioned whether his verbal direction to personnel representatives to cancel his coverage was effective in properly waiving insurance coverage even though all except one Standard Form 50 issued after that point indicated that he had waived his coverage. The member was still covered by the life insurance that his beneficiaries could have claimed if he had died before the failure to collect premiums had been discovered. In such circumstances, it is not inequitable to collect the premiums even though the government had also erred by not collecting them for several years.

8/29/2007

Under the provisions of Department of Defense Instruction 1340.23, the Defense Office of Hearings and Appeals generally must receive a claimant's request for reconsideration of an appeal decision within 30 days of the appeal decision.

8/28/2007

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.

8/21/2007

Waiver is not appropriate when an employee knows or should know that she is receiving payments in excess of her authorization.

8/9/2007

An employee should have known that vacating her permanent quarters overseas could affect her entitlement to a living quarters allowance or post allowances for such quarters.

7/31/2007

When an employee knows that she is being overpaid, she has a duty to set aside the erroneously paid funds for repayment, even if the government fails to act after notification. The government has the right to recover such payments irrespective of its dilatory recovery efforts.

7/27/2007

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.

6/26/2007

A debt which arises due to reconciliation of an employee's living quarters allowance (LQA) cannot be considered for waiver under 5 U.S.C.  5584 if the LQA payments were proper when made.

6/13/2007

When an employee is aware or should be aware that she is receiving a payment in excess of her entitlement, she does not acquire title to the excess amount and has a duty to hold it for eventual repayment.

6/12/2007

Generally, a travel advance cannot be considered for waiver because it cannot be considered as "arising out of an erroneous payment" for purposes of 5 U.S.C.  5584.

6/5/2007

A waiver usually is not appropriate when the recipient knows, or reasonably should know, that a payment is erroneous. An employee who had just requested a change from single Federal Employees' Health Benefit Plan (FEHB) coverage to family FEHB coverage but who continues to receive substantially the same net pay as he had received before the family coverage became effective, is alerted to the possibility that the deduction at the new, higher rate for family coverage did not take place and that he is being overpaid.

5/30/2007

When an employee is 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 circumstances, waiver is not appropriate.

5/23/2007

An employee was promoted to a GS-14, step 2. Due to an administrative error, a Notification of Personnel Action was issued erroneously granting the employee a within-grade increase to a GS-14, step 3, effective the same date of her promotion. The employee should have questioned the step increase especially given that she had been employed by the federal government for over 20 years and had received her within-grade increases at an internal of at least a year after the prior promotion. In such a situation, waiver of the resulting overpayment is not appropriate.

5/22/2007

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 appropriate.

5/18/2007

Waiver is not appropriate when an employee knows, or reasonably should know, that a payment is erroneous.

5/17/2007

A physician who ceased providing services after completing 14 months of his two- year commitment under a Physicians Comparability Allowance Agreement was required to refund the comparability allowance payments he earned during the 26 weeks prior to his departure from the program. Under 5 U.S.C.  5584, the resulting debt may not be considered for waiver since the payments were proper when made, even though the physician ceased providing services due to medical necessity.

5/15/2007

A waiver usually is not appropriate when a recipient of an overpayment knows, or reasonably should know, that a payment is erroneous.

5/8/2007

1. Under the provisions of Department of Defense Instruction 1340.23, the Defense Office of Hearings and Appeals generally must receive a claimant's request for reconsideration of an appeal decision denying waiver of an overpayment within 30 days of the appeal decision. 2. Financial hardship is not a factor for consideration in determining whether a waiver is appropriate.

4/12/2007

An employee's debt resulting from the government's payment to a moving company of the entire amount charged for the employee's household goods shipment, including weight in excess of the authorized weight, cannot be considered for waiver under 5 U.S.C. § 5584 because the debt is not a result of an erroneous payment.

3/29/2007

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 them for eventual repayment.

3/27/2007

Waiver of a debt under 5 U.S.C. § 5584 is not appropriate when an employee is aware or should be aware that she was receiving pay to which she was not entitled.

3/14/2007

Waiver of a debt under 5 U.S.C. 5584 is not appropriate when an employee knows or should be aware that she was receiving pay to which she was not entitled.

2/27/2007

A debt which arises due to reconciliation of an employee's living quarters allowance (LQA) cannot be considered for waiver under 5 U.S.C. § 5584 if the LQA payments were proper when made.

2/26/2007

When an employee is aware or should be aware that she is receiving payments in excess of her entitlements, she does not acquire title to the excess amounts and has a duty to hold them for eventual repayment.

1/25/2007

When an employee is aware or should be aware that he is receiving payment in excess of his entitlement, he does not acquire title to the excess amount and has a duty to hold it for eventual repayment.

1/08/2007

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 them for eventual repayment.