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s002169
Office of the General Counsel
Date: November 16, 1998
Matter of: [xxx]
File Number: S002169
OPM Contact: Murray M. Meeker
On September 17, 1998, the Claims Adjudication Unit, Office of the General Counsel, Office of Personnel Management (OPM), received a claim from a former employee of the [agency]. On August 12, 1990, the claimant transferred from a civilian position with the Department [xxx] to the [agency]. The claimant reported, however, that in processing his transfer, the [agency] used the wrong retirement code. As a consequence, the [agency] failed to deduct $228.09 in Federal Insurance and Contributions Act (FICA) taxes from the claimant's salary. After the error was discovered, the [agency] directed the claimant to pay the $228.09 that had not been deducted. The claimant now asks that this amount be waived and that his payment be refunded to him.
As a result of legislative and executive action, the authority to waive overpayments of pay and allowances now resides with the heads of agencies, regardless of the amount. See the General Accounting Office Act of 1996, Pub. L. No. 104-316, 110 Stat. 3826, approved October 19, 1996, and the Office of Management and Budget's Determination Order dated December 17, 1996. Neither Pub. L. No. 104-316 nor OMB's Determination Order of December 17, 1996, authorizes OPM to make or to review waiver determinations involving erroneous payments of pay or allowances. See also King v. MSPB, 105 F.3d 635, 640 (Fed. Cir. 1997) and Killip v. OPM, 991 F.2d 1564, 1569 (Fed. Cir. 1993). Accordingly, the claim is dismissed for lack of jurisdiction.
This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.