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Office of the General Counsel

Date: June 4, 1998
Matter of: [xxx]
File Number: S001645

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 (1992).

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 States Court.

Control Panel