Office of the General Counsel

Date: October 9, 1998
Matter of: [xxx]
File Number: S9700033

OPM Contact: Murray M. Meeker

On October 22, 1955, the claimant was appointed to a Custodian position with [agency] in [country]. The claimant remained continuously employed by the United States Government until he resigned from a Painter (Automotive) position with the [agency] on July 12, 1965. More than thirty years later, by letter dated September 17, 1996, the claimant asserted that at the time of his resignation, he had not received the "seniority pay" to which he was entitled. Having been received more than six years after the claim accrued, the claim is barred.

In accordance with the Barring Act, 31 U.S.C. 3702(b)(1), every claim against the United States is barred unless such claim is received within six 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. OPM has no authority to disregard the provisions of the Barring Act or to waive the time limitation that it imposes. See Alfred L. Lillie, B-209955, May 31, 1983. Thus, there is no basis upon which this claim may be considered.

This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.