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Office of the General Counsel

Date: [XXX]
Matter of: [XXX]
File Number: S9700529

OPM Contact: Joann Charleston

A former employee of the [agency] requests that we review his claim for Environmental Differential Pay for the period January 29, 1968, to August 15, 1980. It appears that this claim is subject to the Barring Act.

As provided in 31 U.S.C. 3702(b)(1), every claim against the United States is barred unless such claim is received within 6 years after the date such claim first accrued. Regulations issued under 31 U.S.C. section 3702(b)(1) were modified to provide that a claim can be filed with the agency out of whose activities the claim arose to toll the 6-year Barring Act. However, this amendment affected only those claims not barred as of June 15, 1989.

The Barring Act does not merely establish administrative guidelines, it specifically prescribes the time within which a claim must be received in order for it to be considered on its merits. We have no authority to disregard the provisions of that Act or waive the time limitation it imposes.

Since the employees claim was received more than 6 years from the date it 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.

Control Panel