Monday, September 26, 2022
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Salary Overpayment Recovery and Sanction Strategies By TSC

Salary Overpayment Recovery and Sanction Strategies By TSC

The Commission recognizes prudent financial management as a critical factor in the execution of its mandate in teacher management. It is, therefore, committed to ensuring that all employees maintain high ethical standards, integrity, and accountability in the performance of duties, reporting any incorrect payments or changes that may lead to salary overpayments. 

It is, therefore, the responsibility of the management to consider the potential consequences of making unnecessary salary overpayments to the employees.

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The Teachers Service Commission (TSC) shall adopt several strategies to recover salary overpayments, which include but are not limited to: 

  •  Recovering salary overpayments of at least 1/3 of the basic salary for all employees on payroll and ensuring each employee retains 1/3 of their basic salary as their net pay.
  • Full recovery of all outstanding overpayment from salary arrears and any balance thereof through the payroll.
  • Use of pay increment and/or salary adjustment to adjust the rate of recovery of salary overpayment.
  • Notifying employee upon discovery of any overpayment by use of a demand letter
  • Initiating proceedings to follow up salary overpayments from employees who have exited service.
  • Recommending for write-off for any irrecoverable overpayment per Section 157 of the Public Finance Management Act, 2015. These shall include the Commission secretary being satisfied that:
  • Reasonable steps are taken to recover the losses and that the loss is irrecoverable.  
  • Further efforts to recover the loss would be uneconomical: 
  • It would be to the advantage of the Commission to effect a settlement of its claim or waive the claim. 

Note: If the employee leaves the commission before all the overpayment has been recovered, the full amount of any outstanding balance will immediately become due and payable per the government regulations.  

SANCTION 

All TSC employees shall be expected to exercise trust and act in good faith whenever overpayment occurs. Lack of good faith will be implied if an employee who is aware of an overpayment:  

  • Suppressed a material fact that affected the amount payable; (ii) Deliberately or carelessly failed to ensure that relevant information affecting the amount payable was received by the Commission;
  •  Knowingly failed to bring an overpayment to the Commission’s attention; (iv) Failed to make enquires or check employment particulars with the Commission when they could reasonably have done so;

  • Suppressed a material fact that affected the amount payable; (ii) Deliberately or carelessly failed to ensure that relevant information affecting the amount payable was received by the Commission;
  •  Knowingly failed to bring an overpayment to the Commission’s attention; (iv) Failed to make enquires or check employment particulars with the Commission when they could reasonably have done so;

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Disciplinary action 

  1. Disciplinary action shall be taken against any employee found culpable of causing an overpayment of salary under the Code of Regulation for Teachers and Human Resource Policies and Procedure Manual for secretariat staff (2018).
  2. Regulation 168 of CORT and 134 (5) Human Resource Policies and Procedure Manual for secretariat staff stipulates that ahead of institution or supervisor who fails to report an employees’ exit shall be liable to disciplinary action and surcharged to the extent of any loss occasioned to the commission.
  3. To institute a surcharge against any employee who causes salary overpayments, the following guidelines shall apply:
  • Where salary overpayments have been declared irrecoverable, the Commission shall recover the amount in full from the employee(s) who occasioned the loss.  
  • Where the salary overpayment is recoverable, a surcharge equal to the Central Bank interest rate may be levied.  
  • Whereupon Director Human Resource Management and Development (HRM&D) and/or Director, Field Services (FS) find an employee/staff culpable of causing salary overpayments, the matter will be referred for disciplinary action. 

Criminal proceedings  

TSC in collaboration with other State Agencies may recommend the institution of criminal proceedings against ANY suspected employees and their accomplices. 

Salary Overpayment Recovery and Sanction Strategies By TSC

Salary Overpayment Recovery and Sanction Strategies By TSC


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