The Federal Government will Become America's Model Employer for the 21st Century.
Recruit, Retain and Honor a World-Class Workforce to Serve the American People.
Review the new 2014 Federal Employees' Group Life Insurance (FEGLI) Handbook
Answering your questions about Healthcare and Insurance
Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
OPM’s Human Resources Solutions organization can help your agency answer this critically important question.
Developing senior leaders in the U.S. Government through Leadership for a Democratic Society, Custom Programs and Interagency Courses.
Visit this federal site to search for our regulatory notices, proposed and final rules.
See the latest tweets on our Twitter feed, like our Facebook pages, watch our YouTube videos, and page through our Flickr photos.
The content available is no longer being updated and as a result you may encounter hyperlinks which no longer function. You should also bear in mind that this content may contain text and references which are no longer applicable as a result of changes in law, regulation and/or administration.
OPM Contact: Joann Charleston
A [agency] employee requests reconsideration of our settlement denying his claim for back pay. The settlement is affirmed.
The employee filed an administrative grievance claiming back pay for duties performed in a higher-graded postion. The agency, in order to resolve the grievance offered the claimant a letter of misassignment which was to be used to compete for General Foreman positions under the agencys Merit Promotion Program. In his appeal the claimant disputes that he agreed that the agencys letter of missasignment constituted a settlement of his claim.
The general rule is that an employee is entitled only to the salary of the position to which he is actually appointed, regardless of the duties performed. When an employee performs the duties of a higher grade level, no entitlement to the salary of the higher grade exists until such time as the individual is actually promoted. B-240239, October 29, 1990.
As stated in our settlement employees are not required to use the administrative grievance procedure before submitting claims to this office. However, when an employee has chosen to do so and reached an agreement with the agency, we will not use our claims settlement authority to interfere with that agreement.
This Office settles claims on the basis of the written record, and the burden of proof is on the claimant to establish the liability of the United States and his or her right to payment. B-205282, June 15, 1982. Since the claimant has not presented clear and convincing evidence that he did not have an agreement with the agency, we accept the facts as asserted by the agency.
Accordingly, we sustain the denial of the settlement.