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Office of the General Counsel

Date: August 18, 1998
Matter of: [xxx]
File Number: S001181

OPM Contact: Murray M. Meeker

On January 28, 1998, the General Accounting Office (GAO) forwarded a claim that it had received from an employee at the [agency] in [xxx]. (1) The claimant asserts that the [agency] acted improperly in assessing interest in connection with his payment of a military deposit.(2) For the reasons discussed herein, the claim is denied.

In its administrative report, [agency] explained that the claimant's military deposit was due at [agency] on or before November 30, 1995; that the claimant presented a check for the deposit to an [xxx] Customer Service Representative at [xxx] on November 28, 1995; that the check was mailed to [agency] on November 29, 1995; and that the check was received at [agency] on December 5, 1995, five days after the deadline. The administrative report continued that contrary to the claimant's assertions, there had been no shutdown at [xxx] in November 1995 which would have prevented the claimant from making payment prior to November 28, 1995; that the applicable time and attendance records indicated that the claimant had not been placed in a non-pay status due to a base shutdown; and that, in fact, the time and attendance records documented that the claimant had been present for duty each day during the pay periods that ended on November 11, 1995, November 25, 1995, and December 9, 1995.

This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.

1 Effective June 30, 1996, GAO's claims adjudication authority to settle federal civilian employees' claims for compensation and leave was transferred to OPM. See 31 U.S.C. 3702, as amended by the General Accounting Office Act of 1996, Pub. L. No. 104-316,  202(n), 110 Stat. 3826.

2 A federal employee may receive credit for active duty military service performed after 1956 under both the Federal Employees' Retirement System and the Social Security System, if the employee has deposited an amount equal to seven percent of the employee's total post-1956 military pay. 5 U.S.C. 8411(c)(1)(B) and 8422(e)(1)(A).

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