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[Appeal of Settlement Disallowing Entitlement to Backpay]

B-209955 May 31, 1983
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Highlights

A Department of the Interior employee appealed a Claims Group settlement which disallowed, in part, his entitlement to backpay. The disallowance was based on provisions of federal law which require that claims be received within 6 years of the date they first accrued. The issue presented was whether the provisions of the law limited recovery of backpay where the employing agency took corrective action regarding an administrative error and where the employee was without knowledge of the error. GAO stated that the Claims Group's action limiting the employee's recovery to the 6-year period prior to receipt of the claim was correct according to federal law. Additionally, GAO is without authority to waive or modify the application of the law in question. Accordingly, the prior settlement limiting recovery was sustained.

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