You have reached a collection of archived material.
The content available is no longer being updated and as a result you may encounter hyperlinks which no longer function. You should also bear in mind that this content may contain text and references which are no longer applicable as a result of changes in law, regulation and/or administration.
s9700033
Office of the General Counsel
Date: October 9, 1998
Matter of: [xxx]
File Number: s9700033
OPM Contact: Murray M. Meeker
On October 22, 1955, the claimant was appointed to a Custodian position with [agency] in [country]. The claimant remained continuously employed by the United States Government until he resigned from a Painter (Automotive) position with the [agency] on July 12, 1965. More than thirty years later, by letter dated September 17, 1996, the claimant asserted that at the time of his resignation, he had not received the "seniority pay" to which he was entitled. Having been received more than six years after the claim accrued, the claim is barred.
In accordance with the Barring Act, 31 U.S.C. 3702(b)(1), every claim against the United States is barred unless such claim is received within six years after the date such claim first accrued. The Barring Act does not merely establish administrative guidelines, it specifically prescribes the time within which a claim must be received in order for it to be considered on its merits. OPM has no authority to disregard the provisions of the Barring Act or to waive the time limitation that it imposes. See Alfred L. Lillie, B-209955, May 31, 1983. Thus, there is no basis upon which this claim may be considered.
This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.