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Office of the General Counsel

Date: November 16, 1998
Matter of: [xxx]
File Number: S002389

OPM Contact: Paul Britner

The son of a deceased Federal worker claims backpay owed to his father and encloses his father's Standard Form 50, which shows an effective retirement-disability date of January 31, 1973.

As provided in 31 U.S.C. 3702 (b)(1), every claim against the United States is barred unless the claim is received within 6 years after the date the claim first accrued. Since the claim was received more than 6 years from the dateit first accrued, the claim is barred from consideration. This Office has no authority to waive the application of the act, and we cannot make any exceptions to its provisions. Thus, we are precluded by law from considering the claim.

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States court. 

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