Washington, DC
U.S. Office of Personnel Management
Compensation Claim Decision
Under section 3702 of title 31, United States Code
Landstuhl, Germany
Damon B. Ford
Compensation and Leave Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
08/09/2017
Date
The claimant serves as a Pharmacist, GS-660-12, at the Landstuhl Regional Medical Center, in Landstuhl, Germany. She seeks to appeal her agency’s denial of request for waiver to grant living quarters allowance (LQA) based on what she deems unusual circumstances. OPM received the claim request on April 4, 2017. For the reasons discussed herein, the claim is denied for lack of jurisdiction.
In April 2017, the claimant’s sponsoring spouse was relieved from active duty military service, due to medical reasons. According to the claimant, this “forced medical retirement” caused a significant financial hardship on the family. As a result, the claimant applied for LQA which was denied due to basic eligibility requirements not being met. The claimant then requested a waiver of the basic eligibility requirements, as allowed by the Department of State Standardized Regulations (DSSR) section 031.12(c), under what she deems “unusual circumstances.” United States Army, Europe (USAREUR) denied the claimant’s request for waiver to grant LQA. The claimant now presents her request for waiver to grant LQA to OPM.
The DSSR section 031.12(c) provides that the basic eligibility requirements for LQA may be waived by the head of agency under “unusual circumstances.” However, OPM’s claims adjudication authority under 31 U.S.C. 3702 is narrow and limited in the case of LQA claims to determining whether a claimant is eligible for LQA under the DSSR and, if so, whether the claimant has received LQA in accordance with agency implementing policies. An agency’s decision to waive LQA eligibility requirements and grant LQA under DSSR section 031.12(c) is, by its very nature, at the discretion of the agency and is not subject to review by OPM under 31 U.S.C. 3702. DSSR section 031.12(c) relates exclusively to the waiver authority delegated to the claimant’s employing agency; therefore, we will not address the “unusual circumstances” asserted by the claimant as the basis for her 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.