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OPM Contact: Joann Charleston
This is a claim from the widow of a former employee of the
[agency]. The widow requests our assistance in recovering pay
believed due her husband incident to his employment in December
1941. This claim is subject to the Barring Act.
As provided in 31 U.S.C. 3702(b)(1), every claim against the
United States is barred unless such claim is received within 6
years after the date such claim first accrued. Regulations issued
under 31 U.S.C. section 3702(b)(1) were modified to provide that a
claim can be filed with the agency out of whose activities the
claim arose to toll the 6-year Barring Act. However, this amendment
affected only those claims not barred as June 15, 1989.
The Barring Act does not merely establish administrative
guidelines, it specifically prescribes the time within which a
claim must be received in order for it to be considered on its
merits. We have no authority to disregard the provisions of that
Act or waive the time limitation it imposes.
Since the events of this claim occurred over fifty years ago,
any claim now received by us would be barred. 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 this claim.
This settlement is final. No further administrative review is
available within OPM. Nothing in this settlement limits the
claimant's rights to bring an action in an appropriate United