01-0032

Office of Merit Systems Oversight and Effectiveness

Date: May 15, 2001
File Number: [01-0032]
Matter of: [Claimant]

OPM Contact: Melissa Drummond

A former employee of the [agency] requests unpaid compensation for the claim period from June 19, 1951 through May 26, 1961. The claimant originally wrote to the General Accounting Office (GAO), which then forwarded the request to the Office of Personnel Management, which is responsible for adjudicating compensation claims. For the reasons stated below, we do not have the authority to settle this claim.

In accordance with the Barring Act, 31 U.S.C. 3702(b)(1), every claim against the United States is barred unless such claim is received within six years after the date such claim first accrued. Matter of Robert O. Schultz, B-261461 (November 27, 1995). 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. Matter of Nguyen Thi Hao, B-253096, (August 11, 1995). OPM does not have any authority to disregard the provisions of the Barring Act, make exceptions to its provisions, or waive the time limitation that it imposes. See Matter of Nguyen Thi Hao, supra; Matter of Jackie A. Murphy , B-251301 (April 23, 1993); Matter of Alfred L. Lillie, B-209955, May 31, 1983. Thus, the law precludes us from considering this claim.

In summary, the claim for unpaid compensation for the period from June 19, 1951 through May 26, 1961 is barred, because the claim was not received by GAO until on or around

May 8, 2001, which is more than six years from the date it first accrued. This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimants right to bring an action in an appropriate United States Court.