DEAR MR. CHAIRMAN:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200250057-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: October 22, 2003
• Sequence Number: 57
• Publication Date: April 12, 1954
• Content Type: LETTER

Approved For Release 2003/11/04: CIA-RDP59-00882R00020
April 12, 1954
B-110-963
honorable J. i,}. Johnson, Chairman
Interstate Coz;uaorco Couinission
Bear r. Chairrian t
hoferenco is made to your letter of February 16, 1951.+ wherein
you state that due to erroneous administrative actions an eiaployee
has been overpaid the sum of :.233.57, and that the Cotnimission is
willing to forego collection of the overpayment if it is within
its authority to do so.
It is reported that an employee of the Commission was Cyivz n
a promotion effective February 3, 1952, from GS-3 to G S-J , at which
time he was receiving a per annum salary of ~; 3,590, the second
longevity step in grade GS-3; that, upon being promoted to G3-11,,,
he inadvertently was given the salary of :t".3.035, the first longevity
stop in GS-!x, instead of ~:;3,655, the top step in that grade. It is
stater}., further that, at the end of 52 calendar weeks of service,
the e.nmployee was given a periodic stop increase to the second
longevity step in GS-4 or :':3.,815s w rich action also was in error.
Upon discovery of said erroneous actions correction was nade and
the employee's salary properly established at the top step of
;,,3,655, effective January 17, 1951. You point out that the
employee was not aware of the erroneous pajmcnts, ani3 tl at refunding
Approved For Release 2003/11/04: CIA-RDP59-00882R000200250057-8
 Approved For Release 2003/11/04: CIA-RDP59-00882R000200250057-8
;ftw -400, -,"W WIV
B-118963
of the amount of the overpayment which amounts to ~,,'' 233.57, together
with the reduction in salary would result in a hardship to the
employee.
You are advised that the increases granted to the employee
clearly were in violation of section 802(b) of the Classification
Act of 1949, as amended, 5 U.S.C. 1132, and this Office is without
authority to waive recovery of the illegal payments even though the
employee may have been without fault in the matter. See 29 Comp.
Gen. 75. Accordingly, the amount of the overpayment should be
collected back from the payee. In order to alleviate any hard-
ship on the employee, the refunds may be spread over a reasonable
period of time to be fixed by the Commission.
Sincerely,
Acting Comptroller General
of the United States
7/Vk
U 7
?S ~d p 31 p proved For Release D3/1a/Q4: M A 5 i 82R000200250A T-8
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