[Reconsideration of Claim for Backpay]

Two employees of the Customs Service appealed Claims Group settlements which determined that their overtime earnings during periods of an improper personnel action must be deducted from Federal backpay. Although the employees resigned their positions in 1972, the Board of Appeals and Review of the Civil Service Commission determined that the resignations were involuntary and ordered that the employees be reinstated to their positions and awarded backpay for the period of involuntary resignation. The employees questioned the agency's computation of backpay, charging that Customs improperly deducted interim earnings attributable to overtime work. However, the employees did not file claims with GAO until 1980. The Claims Group denied the employees' requests for recomputation of backpay, holding that the overtime earnings were properly deducted since the employees failed to show that they were engaged in outside work prior to the improper personnel action. On appeal, the employees maintained that these earnings were not for work performed outside of their regular hours of employment with the Government. However, GAO found that the substantive merits of the claims were irrelevant because the claims were time-barred under a statute of limitations. Claims against the United States must be received by GAO within 6 years after the date they first accrued. Although the claims were submitted to Customs at an earlier date, GAO has held that the filing of a claim with the agency concerned does not toll the running of the statute. Accordingly, the claims were denied on this basis.