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s9701015
Office of the General Counsel
Matter of: [XXX]
File Number: S9701015
OPM Contact: Joann Charleston
A former employee of the [agency] requests that we review his claim for standby back pay.
The former employee is requesting back pay compensation for the period 1983-1985 and 1989-1990. Information in the file shows that the employees claim was approved for payment based on his letter dated August 28, 1992. That letter was used as the tolling date to calculate his claim. The statute of limitations allowed calculations to go back 6 years from the date of his letter, which would be August 28, 1986. The approved time frames for the employee were 1986, 1987, 1988 and 1990. The claimant is now disputing the time frame for which the payment covered, and is requesting payment for period 1983 to 1985.
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. The claimant is responsible for proving that the claim was filed within the applicable statute of limitations.
In this instance the claimant has stated that he had filed a prior request with his agency, however his agency nor this Office has a record of receiving such a request. Our Office settles claims only on a legal basis and cannot waive or modify the regulations in individual cases.
Accordingly, the claim is denied.