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Office of the General Counsel

In Reply Refer To: Your Reference:

Date: May 15, 1998
Matter of: [xxx]
File Number: 98001540

OPM Contact: Joann Charleston

A former employee of the [agency] has submitted a claim arising from her resignation from the agency in 1986.

The record is not clear as to what her claim is; however any claim arising in 1986 would be barred by the applicable statute of limitations. As a general rule, all claims against the United States Government are subject to the 6-year statute of limitations contained in 31 U.S.C. 3702(b). To satisfy the statutory limitation, a claim must be received by the Office of Personnel Management, or by the department or agency out of whose activities the claim arose, within 6 years from the date the claim accrued.

Since this claim was not received in this Office until May 1998, the claim is barred, and there is no basis upon which the claim can be considered. We are required to settle claims only in accordance with the applicable laws and regulations, and we cannot waive or modify their provisions in individual cases. Accordingly, the claim is denied.

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.

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