01-0009

Office of the General Counsel

Date: November 16, 2000
Claimant: [claimant]
File Number: 01-0009

OPM Contact: Melissa Drummond

The claimant, an employee of the United States Postal Service (USPS) is requesting a waiver of overpayment. We received the claim on November 6, 2000.

The Office of Personnel Management does not have any authority to settle claims that have been made against an agency that has independent settlement authority under the law. The applicable law in this case, section 2008(c) of title 39, United States Code, states:

subject only to the provisions of this chapter, the Postal Service is
authorized to make such expenditures and to enter into such contracts,
agreements, and arrangements, upon such terms and conditions and in
such manner as it deems necessary, including the final settlement of all
claims and litigation by or against the Postal Service.

This regulatory provision authorizes the USPS to consider and settle all claims that have been made against it. Therefore, we do not have the authority to consider or settle this claim.