Office of the General Counsel

Date: July 30, 1999
Matter of: [xxx]
File Number: S003132

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.