02-0001

Office of Merit Systems Oversight and Effectiveness

Date: October 18, 2001
File Number: [02-0001]
Matter of: [Claimant]

OPM Contact: Deborah Y. McKissick

The claimant is an employee of the [agency]. He was removed from the [agency] in May 1990, but was reinstated in June 1996. He is requesting back pay for the six years that he did not receive compensation from the [agency]. We received the claim on October 17, 2001.

The Office of Personnel Management does not have any authority to settle claims that have been made against an agency that has independent settlement authority under the law. The applicable law in this case, section 2008(c) of title 39, United States Code, states:

subject only to the provisions of this chapter, the Postal Service is authorized to make such expenditures and to enter into such contracts, agreements, and arrangements, upon such terms and conditions and in such manner as it deems necessary, including the final settlement of all claims and litigation by or against the Postal Service.

This regulatory provision authorizes the [agency] to consider and settle all claims that have been made against it. Therefore, we do not have the authority to consider or settle this claim.