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
On March 1, 1996, the claimant retired from his position with the [agency]. On May 5, 1998, the claimant received a lump-sum payment for annual leave. See 5 U.S.C. 5551. The claimant requests interest. For the reasons discussed herein, the claim is denied.
Interest is not recoverable against the United States Government unless expressly authorized by statute or contract. Library of Congress v. Shaw, 478 U.S. 310, 317 (1986); United States v. Louisiana, 446 U.S. 253, 264-5 (1980); and United States v. Thayer-West Point Hotel Co., 329 U.S. 585, 590 (1947). See also 5 C.F.R. 550.803 (expressly excluding lump-sum payments for annual leave from the definition of pay, allowances, and differentials in the Back Pay Act, 5 U.S.C. 5596(b)(1)).
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 Court.