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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: s98001849

OPM Contact: Jo-Ann Chabot

The claimant has filed a claim for alleged arrears in the pay of the late [xxx] and, apparently, for "pension benefits." It appears from evidence submitted by the claimant that, in 1964, [xxx] submitted a claim to the General Accounting Office (GAO) for alleged arrears in [xxx]'s pay and, on September 24, 1964, the GAO forwarded the claim to the [agency].

The pay 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. 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. Accordingly, the claim for arrears in [xxx] pay is denied.

This office does not have jurisdiction to consider claims for retirement benefits. Therefore, we have referred the claim for "pension benefits" to the Office of Personnel Management (OPM) Retirement and Insurance Service for further consideration.

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

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