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Pay & Leave Claim Decisions

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Office of the General Counsel

OPM Ref.: 1996-00872

Dear Mr. [xxx]:

This responds to your December 27, 1995 letter on behalf of 90 career employees of the [agency] whom your office represents.

Essentially, you argue that your clients suffered a reduction in pay when the facilities at which they worked were excluded from a pay demonstration project approved in 1989 and which terminated in 1994. As part of the project, retention bonuses were authorized for designated employees at qualified facilities.

We have no jurisdiction over these claims. The authority to settle claims under 31 U.S.C. 3702 (1994) applies to all claims against the United States "[e]xcept as provided in . . . another law. . . ."

OPMs authority to conduct demonstration projects is found at 5 U.S.C. 4703. When this agency has carried out a function under specific statutory authority, we will not use our general authority to settle claims under Section 3702 to review actions taken by another agency component.

Accordingly, your claim is dismissed.

Lorraine Lewis
General Counsel

Control Panel