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, an employee with the [xxx] of the [agency], claims
back pay in the amount of "$2,000 per year from 1982 to [the]
present" plus interest, based on the decision of the United States
Court of Appeals for the Federal Circuit in National Treasury
Employees Union v. James B. King, 132 F.3d 736 (Fed.
Cir. 1998).(1) The claimant has misread
the Federal Circuit's decision.
The claimant correctly states that the Federal Circuit has
determined that the salary conversion rule promulgated by the
Office of Personnel Management (OPM) in 1982 was unlawful and that
OPM's pre-1982 rule is the proper measure of damages for
plaintiffs. However, the Federal Circuit has not ordered the
Federal Government to make payment. Rather, the Federal Circuit has
remanded the matter "for a determination of plaintiffs' proper
award." Thus, this matter is currently pending before the United
States District Court for the District of Columbia. This office,
therefore, has no jurisdiction at this time to interrupt or
otherwise interfere with these judicial proceedings.
This settlement 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
The claimant states that in compliance with the filing requirements
of 4 C.F.R. Part 31, he has filed his claim with both OPM and the
General Accounting Office (GAO). It should, therefore, be noted
that (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], and (2)
that on December 31, 1997, OPM published regulations entitled
"Procedures for Settling Claims," codified at 5 C.F.R. Part 178,
which set forth the requirements for filing administrative claims
from current and former civilian employees for compensation and