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Office of the General Counsel
Date: October 2, 1998
Matter of: [xxx]
File Number: s98001847
OPM Contact: Jo-Ann Chabot
The claimant seeks back pay and payment for the sick leave that
he accumulated prior to his reduction-in-force. He also disputes
the payment he received for his accumulated annual leave. The
documentation that the claimant submitted shows that he was
appointed to an excepted indefinite appointment on December 7,
1956, and was separated through a reduction-in-force on January 5,
1976.
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
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.
This settlement is final. No further administrative review is
available within the Office of Personnel Management. Nothing in
this settlement limits the claimant's right to bring an action in
an appropriate United States Court.