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Pay & Leave Claim Decisions

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Office of the General Counsel

Date: October 2, 1998
Matter of: [xxx]
File Number: s98001847

OPM Contact: Jo-Ann Chabot

The claimant seeks back pay and payment for the sick leave that he accumulated prior to his reduction-in-force. He also disputes the payment he received for his accumulated annual leave. The documentation that the claimant submitted shows that he was appointed to an excepted indefinite appointment on December 7, 1956, and was separated through a reduction-in-force on January 5, 1976.

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. The Barring Act 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.

This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.

Control Panel