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Pay & Leave Claim Decisions

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Office of the General Counsel

Date: February 27, 1998
Matter of: [xxx]
File Number: s98001118

OPM Contact: Joann Charleston

This is a claim from the widow of a former employee of the [agency]. The widow requests our assistance in recovering pay believed due her husband incident to his employment in December 1941. This claim is subject to the Barring Act.

As provided in 31 U.S.C. 3702(b)(1), every claim against the United States is barred unless such claim is received within 6 years after the date such claim first accrued. Regulations issued under 31 U.S.C. section 3702(b)(1) were modified to provide that a claim can be filed with the agency out of whose activities the claim arose to toll the 6-year Barring Act. However, this amendment affected only those claims not barred as June 15, 1989.

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. We have no authority to disregard the provisions of that Act or waive the time limitation it imposes.

Since the events of this claim occurred over fifty years ago, any claim now received by us would be barred. This Office has no authority to waive the application of the act, and we cannot make any exceptions to its provisions. Thus, we are precluded by law from considering this claim.

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant's rights to bring an action in an appropriate United States Court.

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