ROUTING AND RECORD SHEET PROPOSED REVISIONS TO (Sanitized)CIA RETIREMENT AND DISABILITY SYSTEM (MONEYS), AND (SanitizedWAIVER OF CL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300060046-9
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 13
• Document Creation Date: December 19, 2016
• Document Release Date: November 18, 2005
• Sequence Number: 46
• Publication Date: May 8, 1979
• Content Type: FORM

Approved For Release 2006/02/01 :CIA-RDP83-001568000300060046-9
~,~?
STAT
SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM
UNCLASSIFIED CONFIDENTIAL SECNET
OY~ FICIAL ROUTIIiTG SLIJP
TO
DATE
INITIALS
I
2
s
Mr. P-lay
4
Mr. Wortman
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAI.
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCUPRENCE
INFORMA"PION
SIGNATURE
Remarks
Attached. proposed revisions to
repared by
FOLD HER[ TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
Chief, Regulations Control Branch
~b;s;a
UNCLASSIFIED CONFIDENTIAL
SECRF;'T
FONM N0. 237 Use previous editions
I-67
DD)A Re~ishy
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 .,;~ UaCIASSIFi D ___~__INTERNA~ nn ~'nN ee . SECRET
~ 2006/02/01 :CIA-RDP~3-0'0'1'5 ~bU~60046-9
OUTING AND RE~:ORD SHEE
SUBJECT: (Optional) proposed Revisions to CIA Retirement and Disability System
(Moneys), an Waiver of Claims for Erroneous Payments (Job
FROM:
Don I. Wortmar`
~~~~~~
EXTENSION
NO.
;
,
.
Deputy Director for Adminis ion
DATE
7D24 Hqs.
TO: .(Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment fo show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
DDCI
The attached ro osed revisions of
=
f
2
are
or
'
warded for your approval. They
were developed by the Office of
G
l C
l
d
enera
ounse
to
elegate the
3'
authorities of the DCI for waiving
DCI
recovery of erroneous payments
d
h
CIA R
i
A
un
er t
e
et
rement
ct, to
4'
establish responsibilities of the
Overpayments Review Board, and to
s
t f
th
ibili
i
f
e
or
respons
es
or pro-
t
s'
viding an annual report to the
Comptroller General on erroneous
t
a
paymen
s.
presently states that the
i
h
~'
may wa
ve t
e recovery of
erroneous payments under CIARDS
when in his judgment the individual
i
i
e'
rece
v
ng payment is without fault
and recovery would he against
equity and good conscience. The
9'
~
paragraph is revised by adding a
DDA Re ist
g
ry
statement that procedures and
7D18 Hqs.
delegated authorities for waiver
to
of recove are set forth in
RCB
e latter regulation
5D49 Hqs. BU2 Amber
presently contains policy, authori-
tt.
ties, and responsibilities for
waiver of claims for erroneous
payments of pay and allowances,
lZ,
but provisions for waiver under
CIARDS have not been included until
the present revision.
13.
Your signature is required to
properly delegate the authorities
ta.
contained therein.
The proposals have the concurrence
ls.
of the Offices of Personnel,
Finance, and the Inspector General.
FORM USE PREVIpC~y$$~~~ elea~c IcOe @ ` iRDP~3 Od~403000 6~CLASSIFIED
3-62 EDITIONS-`N ~~~ LJ G~r~H~1~L USE ONLY
 Approved Fo~TFN~64'I~PO~~ :~~$-QSb'~~Q0300060046-9
HQ. INSTRUCTION SHEET
REG.
NOS.
PAGE
NOS.
REG.
NOS.
PAGE
NOS.
~is revised to
0
is revised to
delegate the authorities
of the DCI for waiving
recovery of erroneous pay-
ments under the CIA Retire-
ent Act of 1964 for
Certain Employees, to
establish responsibilities
of the Overpayments Review
Board, and to set forth
responsibilities for pro-
viding an annual report to
the Comptroller General on
erroneous payments.
has been declassi-
fied and the control
rking "Administrative -
Internal Use Only" has
een added.
PEN AND INK .CHANGE:
Table of
Contents, page i, please
change the title for para-
graph 15 to "15. tiVaiver
of Claims for Erroneous
Payments."
Arrows in the page margin show the locations of the changes
described above.
Approved For Release 2006/02/01 :CIA-RDP83-001568000300060046-9
ADMINISTRATIVE - INTERNAL USE ONLY
STA
STA
STA
 Approve ^~I~~~-~~O~~dd2/d3`~:a~lA~~~8~~~5 ~~~ ~300060046~9
~ i~AY 1919
r. MONEYS
(1 ) - ( 3 ) No Change .
(4) RECOVERY OF PAYMENTS. The Director may waive
the recovery of erroneous payments under the CIA Retirement
Act of 1964 for Certain Employees, as amended, when in the
judgment of the Director the individual receiving the payment
is without fault and recovery would be against equity and good
conscience. Procedures and delegated authorities for waiver
AT ~ forth
of the recovery of erroneous payments under this act are set
Withholding or recovery of erroneous
payments under this act on account of a certification or
payment made by a former employee of the Agency in the
discharge of official duties may be made if the Director
certifies that the certification or payment involved fraud
on the part of the former employee.
No further changes.
'~s/, Stans~i?1.d Turner
STANSFIELD TURNER
Director
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SYNOPSIS.. This regulation sets forth the conditions,
criteria, procedures, and responsibilities for: (a) waiver
of claims for erroneous payments of pay and allowances in
accordance with Public Law 90-616, as amended, and a Memorandum
of Understanding, dated 30 March 1977, between the Agency
and the General Accounting Office, and (b) waiver of recovery
of erroneous payments under the CIA Retirement Act of 1964
for Certain Employees, as amended.
(1) Agency claims for erroneous payments of pay
and allowances to employees, including claims that have been
repaid by employees, may be waived in whole or in part,
provided:
(a) The claims are for erroneous payments of pay
or allowances to an employee on or after 1 July 1960.
(b) Waiver action was taken prior to 21 October
1971 on erroneous payments of pay discovered between 1 July
1960 and 21 October 1968, and within three years following
discovery for erroneous payments discovered after 21 October
1968.
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(c) Waiver action was taken prior to 2 October
1975 on erroneous payments of allowances discovered between
1 July 1960 and 2 October 1972 and within three years following
discovery for erroneous payments discovered after 2 October
1972.
(2) The recovery of erroneous payments under the
CIA Retirement Act may be waived in whole or in part with
..regard to erroneous payments made on or after 30 June 1974.
b. DEFINITIONS
(1) "Pay " means salary, wages, pay, compensation,
r
emoluments, and other remuneration for services subject to
~ .Federal income taxes. It includes overtime pay; premium
pay; flight pay; night, Sunday standby, irregular and
hazardous duty differential; post differential; pay for
Sunday and holiday work; payment for accumulated and accrued
leave; and severance pay.
(2) " Allowances" means living quarters allowance,
post allowance, supplementary post allowance, foreign
transfer allowance, home service transfer allowance, separate
maintenance allowance, education allowance, cost-of-living
allowance, and clothing allowance, not including travel and
transportation allowances.
(3) " Employee " means an individual-within any
of the categories of personnel as defined
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(4) " Overpayments Review Board " means an
entity consisting of a representative of the Director of
Finance, of the General Counsel, of the Director of
Personnel, and of the Chief, Audit Staff, with the
representative of the Director of Finance designated as
chairman and a secretary from the Office of Finance
designated by the chairman to perform such duties as
directed by the board.
c. STANDARDS FOR WAIVER.
erroneous payments of pay and allowances may be waived when
collection would be against equity and good conscience and
not in the best interests of the United States. Recovery
of erroneous payments under the CIA Retirement Act may be
waived when the individual receiving the payment is without
fault and recovery would be against equity and good
conscience. Generally these criteria will be met if the
erroneous payments occurred through administrative error
and if there is no indication of fraud, misrepresentation,
fault, or lack of good faith on the part of the employee
or any other person having an interest in obtaining a waiver.
Ordinarily, lack of good faith is implied when there has been
an unexplained, significant increase in an employee's pay
or allowances or in payments to an individual under the
CIA Retirement Act that would reasonably cause the employee
or individual to make inquiry-concerning their correctness
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and when the employee or individual has not made such an inquiry
through normal administrative channels.
d. AUTHORITIES. The Agency officials designated
to exercise the following waiver authorities may not delegate
those authorities to other than individuals who have been
designated to act in the capacity of such officials.
(1) Claims for Erroneous Payments of Pay and Allowances
Made from Vouchered Funds:
(a) The Director of Finance may waive a claim in
an amount aggregating not more than $500.
(b) Claims for amounts aggregating more than $500
will be referred by the Deputy Director for Administration to
the General Accounting Office (GAO) for final decision. Referral
to GA0 will be accomplished as follows:
(1) In accordance with established procedures
applicable to all agencies when the identity of the employee
and all relevant facts can be disclosed without revealing
classified matter or intelligence sources and methods.
(2) In accordance with special arrangements made
between the. Agency and GAO when disclosure of the name of the
employee or the facts of the case would disclose intelligence.
sources and methods.
(2) Claims for Erroneous Payments of Pay and
Allowances Made from Confidential Funds:
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(a) The Director of Finance may waive a claim
in an amount aggregating not more than $500.
(b) The Deputy Director for Administration may
waive a claim in an amount aggregating more than $500 but
not in excess of $5.,000.
(c) The Deputy Director of Central Intelligence
may waive a claim in an amount aggregating more than $5,000..
(3) Recovery of Erroneous Payments under the CIA
Retirement Act:
(a) The Director of Finance may waive recovery of
erroneous payments in an amount aggregating not more than'$500.
(b) The Deputy Director for Administration may
waive recovery of erroneous payments in an amount aggregating
more than $500 but not in excess of $5,000.
(c) The Deputy Director of Central Intelligence
may waive recovery of erroneous payments in an amount aggregating
~... more than $5,000.
e. PROCEDURES. Requests for waiver of claims for
erroneous payments of pay and allowances may be initiated
by the employee. Requests for waiver of recovery of erroneous
payments under the CIA Retirement Act may be initiated by the
L..~.individual receiving payments under the act. The Operating
Official of the employee's component of assignment or the
Director of Finance may initiate action to consider waiver
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of collection of erroneous payments if the erroneous payments
have not been repaid in whole or in part. Only the employee
or individual concerned may request a waiver if the erroneous
payments have already been repaid. Each request originated
--~- by an employee, or by an individual receiving payments under
-~- the CIA Retirement Act, should be accompanied by a copy or
citation of ,the document by which timely inquiry was made to
the Office of Finance:
(1) Upon detection of an unexplained variation in
pay, allowances, or deductions as prescribed by HR 20-31e,
-a- or in payments under the CIA Retirement Act.
(2) When a response to such an inquiry or an
anticipated adjustment of pay is not made on a timely basis.
In absence of the required substantiating documentation (or
-~- citation thereof),, the waiver request of an employee, or of
-~ an individual receiving payments under the CIA Retirement Act,
must include a statement explaining why the overpayment did
not cause the employee or individual to make some inquiry
through normal administrative channels. Overpayments resulting
solely from delays in reporting and processing changes in
cover organization compensation normally will not be eligible
for waiver of a claim for erroneous payment of pay or allowances.
f. RESPONSIBILITIES
(1) The Overpayments Review Board will:
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(a) Receive all requests for waiver.
(b) Investigate every waiver request and prepare
a report that includes:
(1) The aggregate amount of the overpayment together
with a statement that the record(s) or voucher(s) upon which the
erroneous payment was made are retained in the records of
the Office of Finance.
(2) The reason and circumstances for each erroneous
payment, the date it was discovered, and corrective action
required to prevent similar erroneous payments.
(3) A statement whether there is any indication
of fraud, misrepresentation, fault, or lack of good faith on
the part of the employee or any other person having an interest
in obtaining a waiver.
(4) Other information that may assist Agency
officials or, when appropriate, GAO in determining if the
criteria for waiver have been met.
(5) Recommendation together with reasons for or
against the waiver.
(2) The Director of Finance will:
(a) Act upon the recommendation for or against
the waiver of $500 or less. Refer reports on waivers of
more than $500 with recommendations for action to the appropriate
authority as specified by .paragraph d above.
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(b) Inform through administrative channels the
-O- employee, or the individual receiving payments .under the CIA
-sue Retirement Act, of the disposition of the waiver request. If
a refund is due, certify and process it for payment or credit
to the employee or individual.
(c) Establish and maintain a record of each
waiver request and its disposition.
(d) Furnish within 60 days after the close of each
fiscal year a consolidated report to the Director of Central
Intelligence through the Deputy Director for Administration
showing the total amount of erroneous payments of pay and
allowances and erroneous payments under the CIA Retirement
Act waived by the Agency during the fiscal year including:
(1) The dollar amount and number of waiver
requests granted in full.
(2) The dollar amount and number of waiver requests
(3) The number of partial waivers including the
aggregate amount waived and the aggregate denied in this
(4) The amount refunded as a result of waiver
action for those requests that involve amounts already
repaid by employees or by individuals receiving payments under
the CIA Retirement Act.
(e) Within 60 days after the close of each fiscal
,,,year furnish. a consolidated report to th.e Comptroller
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