Washington, DC
U.S. Office of Personnel Management
Compensation Claim Decision
Under section 3702 of title 31, United States Code
Commission
Tampa, FL
Damon B. Ford
Compensation and Leave Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
07/19/2017
Date
In a May 25, 2017, letter to the U.S. Office of Personnel Management (OPM) received on June 1, 2017, claimant’s attorney advised OPM that his firm represents the claimant, and that the claimant seeks “a waiver of a $7,804.48 debt to the [U.S. Equal Employment Opportunity Commission] (EEOC),” the claimant’s employing agency. For the reasons discussed herein, the claim is denied for lack of jurisdiction.
On August 23, 2011, the claimant submitted a debt waiver request to EEOC. On December 11, 2011, that waiver was denied. In response, the claimant requested a hearing with the U.S. Department of Interior, the contracted payroll provider for EEOC. In a letter dated March 22, 2017, the claimant’s request for a hearing was denied, and she was informed that collections for the remaining balance of $6,181.06 would proceed for pay period ending April 29, 2017.
Part 178, subpart A of title 5, Code of Federal Regulations (CFR), concerns the adjudication and settlement of Federal civilian employee claims for compensation and leave. Section 178.103 states that a claim filed by a claimant’s representative must be supported by a duly executed power of attorney or other documentary evidence of the representative’s right to act for the claimant. The claim request did not contain such documentary evidence. Because the requirements of 5 CFR 178.103 have not been met in this case, the attorney who submitted this request does not have standing to represent the claimant on this matter before OPM. However, based on the information submitted into the record, we may render a decision on this matter on jurisdictional grounds.
As a result of legislative and executive action, the authority to waive overpayments of pay and allowances now resides with the heads of agencies, regardless of the amount. See the General Accounting Office Act of 1996, Pub. L. No. 104-316, 110 Stat. 3826, approved October 19, 1996; and the Office of Management and Budget (OMB) Determination Order dated December 17, 1996. Neither Pub. L. No. 104-316 nor OMB’s Determination Order of December 17, 1996, authorizes OPM to make or to review waiver determinations involving erroneous payments of pay or allowances other than for its own employees as provided for in 5 U.S.C. § 5584. Therefore, OPM does not have jurisdiction to consider, or issue a decision on, the request for a waiver of a claimant’s indebtedness to the United States, because the authority to waive the claimant’s indebtedness is vested in her employing agency, EEOC.
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