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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.
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OPM Contact: Murray M. Meeker
The claimant, a former employee of the [agency], states that he
was given erroneous and incomplete information concerning the
[agency's] Voluntary Separation Incentive Payment Program that made
it impossible for him to make an informed decision concerning his
separation from the [xxx] on [xxx]. See Fox v.
Office of Personnel Management, 54 M.S.P.R. 525, 528
The claimant has requested that the Office of Personnel
Management (OPM) review testimony and other evidence relating to
his claim. However, OPM lacks authority to review this claim. The
[agency] has the authority to "sue and be sued," to incur
liabilities, and to determine the character and necessity of its
corporate expenses. See 12 U.S.C. 1819 (fourth clause) and
FDIC v. Meyer, 510 U.S. 471 (1994). It is well
established that OPM's authority to adjudicate claims for
compensation and leave under 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, does not extend to claims from
federal employees against government corporations which have the
authority to "sue and be sued," to incur liabilities, and to
determine the character and necessity of their corporate expenses.
See, e.g., 53 Comp. Gen. 337 (1973); 27 Comp.
Gen. 429, 432 (1948); and 25 Comp. Gen. 685 (1946).
In accordance with these decisions, OPM is unable to adjudicate
this claim. This determination is final. No further administrative
review is available within OPM. Nothing in this settlement limits
the employee's right to bring an action in an appropriate United