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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.
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).