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Office of the General Counsel
In Reply Refer To: Your Reference:
Date: May 15, 1998
Matter of: [xxx]
File Number: 98001540
OPM Contact: Joann Charleston
A former employee of the [agency] has submitted a claim arising
from her resignation from the agency in 1986.
The record is not clear as to what her claim is; however any
claim arising in 1986 would be barred by the applicable statute of
limitations. As a general rule, all claims against the United
States Government are subject to the 6-year statute of limitations
contained in 31 U.S.C. 3702(b). To satisfy the statutory
limitation, a claim must be received by the Office of Personnel
Management, or by the department or agency out of whose activities
the claim arose, within 6 years from the date the claim
accrued.
Since this claim was not received in this Office until May 1998,
the claim is barred, and there is no basis upon which the claim can
be considered. We are required to settle claims only in accordance
with the applicable laws and regulations, and we cannot waive or
modify their provisions in individual cases. Accordingly, the claim
is denied.
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.