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Pay & Leave Claim Decisions

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Office of the General Counsel

Date: February 27, 1998
Matter of: [xxx]
File Number: S9700534

OPM Contact: Joann Charleston

A former employee of the [agency] requests that we review his claim for Environmental Differential Pay from 1969 to 1978. 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. 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 claim was received more than 6 years from the date it 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.

Control Panel