Washington, DC
U.S. Office of Personnel Management
Compensation and Leave Claim Decision
Under section 3702 of title 31, United States Code
Ramstein Air Base
Department of the Air Force
Ramstein, Germany
Damon B. Ford
Compensation and Leave Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
01/25/2022
Date
The claimant is a Federal civilian employee of the U.S. Air Forces, Europe (USAFE), Ramstein Air Base (AB), Department of the Air Force (AF), in Ramstein, Germany. She seeks to appeal her agency’s denial of her request for a waiver extension to continue receiving living quarters allowance (LQA). We received the claim on August 17, 2021. For the reasons discussed herein, the claim is denied for lack of jurisdiction.
The claimant entered Germany as the dependent spouse of a military member in September 2018. She received a Federal civilian term appointment on January 7, 2019, and a permanent appointment on July 7, 2019. On April 7, 2020, her then spouse filed a petition for divorce, which was finalized on June 9, 2020. On May 7, 2020, the claimant requested a waiver of the Department of State Standardized Regulations (DSSR) section 031.12b eligibility requirements to be granted LQA. On June 19, 2020, the agency approved her waiver request stating her situation met the requirements for a humanitarian waiver and she was granted a one-year waiver effective July 1, 2020, through June 30, 2021. On April 30, 2021, the claimant requested an extension of the humanitarian waiver for the remainder of her appointment with USAFE, which is estimated to end in January 2024. The extension was denied by the agency on May 27, 2021, because, as the agency stated “The purpose of a humanitarian waiver of the LQA eligibility requirements is to allow an employee who is normally not eligible for LQA enough time to get their personal matters in order, when hit by an extraordinary life-changing event, such as a divorce from, or the death of the sponsoring spouse, prior to their return to the US and to allow the employee’s organization to develop a succession plan.” The agency further stated that no new reasons were provided as to why an extension would be required or justified, therefore an extension of the humanitarian waiver beyond June 30, 2021 could not be authorized. The claimant now presents her LQA waiver extension request to OPM.
The DSSR section 031.12c provides that subsection 031.12b may be waived by the head of agency upon determination that unusual circumstances in an individual case justify such action. Under section 3702 of title 31, United States Code (U.S.C.), OPM adjudicates compensation and leave claims brought by employees who seek to challenge pay or leave decisions made by their employing agency. However, OPM’s claims adjudication authority under 31 U.S.C. 3702 does not include the authority to waive provisions of the DSSR, which determine LQA eligibility. Since DSSR section 031.12c authorizes the head of the employee’s agency to waive the eligibility requirements of section 031.12b, OPM may not consider the claimant’s request for a waiver extension within the context of the claims adjudication function it performs under 31 U.S.C. 3702(a)(2). The authority to waive the requirements of DSSR section 031.12b is reserved to the head of the employing agency, and OPM will not review such determinations.
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.