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Pay & Leave Claim Decisions

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Office of the General Counsel

File Number: 003507
August 31, 1999

[xxx]

Re: Claim for Survivor Annuity Benefits

Dear [xxx]:

This concerns your claim for survivor annuity benefits under the Federal Employee Retirement System. The Office of the General Counsel at the Office of Personnel Management (OPM) does not have the authority to consider this claim for the reasons stated below.

Section 3702(a)(4) of title 31, United States Code, limits our claims settlement authority to claims involving Federal civilian employees' compensation and leave, and does not authorize us to consider or settle claims for survivor annuity benefits. OPM's Retirement and Insurance Service is authorized to consider such claims. Accordingly, this claim is dismissed for lack of jurisdiction and referred to OPM's Retirement and Insurance Service for further consideration.

This determination 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.

Sincerely,

Jo-Ann Chabot
Attorney

cc. [xxx]

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