00-0020

Office of the General Counsel

File Number: 00-0020 OPM
Contact: Melissa Drummond

[claimant's name and address]

Dear [claimant]:

This responds to your August 5, 2000, letter which included a copy of a financial claim that you have filed against your current employer. In your letter, you requested information on the proper protocol required by the Office of Personnel Management (OPM) in the event that your agency denies your claim. We acknowledged receipt of your letter on August 29, 2000.

Part 178 of Title 5, Code of Federal Regulations (copy enclosed) concerns the adjudication and settlement of claims for compensation and leave. Section 178.102 describes the procedures for submitting claims as well as the documentation that should accompany a claim. Paragraph (a)(3) of section 178.102 specifies that this documentation should include a copy of the denial of the claim. Therefore, paragraph (a)(3) contemplates that an employing agency already has reviewed, and issued an initial decision on, a claim before it is submitted to the OPM for adjudication. Although paragraph (b) of section 178.102 provides that an agency, in its discretion, may forward a claim to the OPM, it also provides that the claimant is responsible for ensuring that OPM receives all the information requested in paragraph (a), including the agencys initial decision.

I appreciate the opportunity to assist you in this matter.

Sincerely,

Melissa A. Drummond
Program Manager

Enclosure