02-0026

Office of Merit Systems Oversight and Effectiveness

Date: May 21, 2002
File Number: [02-0026]
Matter of: [Claimant]

OPM Contact: Melissa A. Drummond

The claimant is an employee of the [claimant's agency]. She is requesting re-credit of leave and to be placed in a higher leave accrual status. We received the claim on May 21, 2002.

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 [agency] 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 [agency].

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.