Office of the General Counsel
Date: November 16, 1998
Matter of: [xxx]
File Number: S002389
OPM Contact: Paul Britner
The son of a deceased Federal worker claims backpay owed to his
father and encloses his father's Standard Form 50, which shows an
effective retirement-disability date of January 31, 1973.
As provided in 31 U.S.C. 3702 (b)(1), every claim against the
United States is barred unless the claim is received within 6 years
after the date the claim first accrued. Since the claim was
received more than 6 years from the dateit first accrued, the claim
is barred from consideration. This Office has no authority to waive
the application of the act, and we cannot make any exceptions to
its provisions. Thus, we are precluded by law from considering the
claim.
This settlement is final. No further administrative review is
available within OPM. Nothing in this settlement limits the
claimant's right to bring an action in an appropriate United States
court.