OPM adjudicates compensation and leave claims for certain Federal civilian employees under the provisions of section 3702(a)(2) of title 31, U.S.C., as the last avenue of administrative review. However, the controlling claim regulations also require agencies to have procedures in place to decide these types of claims (see 5 CFR part 178, subpart A).
Specifically, OPM’s implementing regulations at 5 CFR 178.102(a)(3) require the claimant’s employing agency to have already reviewed and issued a final decision on the claim before OPM will accept and docket it. Authority to issue a final decision may be retained at the agency level or may be delegated to lower organizational levels.
Therefore, agencies must establish written claims adjudication procedures and delegations of authority to accept and decide claims. This allows us to determine whether to accept and docket the claim because the claimant has exhausted the internal agency review process or to refer the claimant to the correct agency office for a final internal decision. This also allows OPM to establish the date the claim was preserved for purposes of the six-year statute of limitations contained in 31 U.S.C. § 3702(b)(1).
To this end, we request that agencies provide us copies of their claims adjudication procedure(s) and pertinent delegations of authority for the issuance of final agency claim decisions under 5 CFR Part 178, agency-level points-of-contact, and any changes to the same on an ongoing basis. If the claims adjudication authority is being retained at the agency level or delegated to one organizational component, please provide the name and mailing address of that office.
Please send the requested information within 30 days by email to damon.ford@opm.gov or by mail to the following address:
Classification and Pay Claims
Program Manager
U.S. Office of Personnel Management
Merit System Accountability and Compliance
1900 E Street, NW, Room 6484
Washington, DC 20415
Attn: Damon Ford
If you have any questions about this memorandum or need additional information, please contact Mr. Robert D. Hendler, Classification and Pay Claims Program Manager, at (215) 861-3102 or robert.hendler@opm.gov.
cc: Chief Human Capital Officers
Deputy Chief Human Capital Officers
