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62 FR 68139, Dec. 31, 1997, unless otherwise noted.
31 U.S.C. 3702; 5 U.S.C. 5583; 38 U.S.C. 5122; Pub. L. No. 104-53, 211, Nov. 19, 1995; E.O. 12107.
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31 U.S.C. 3702; 5 U.S.C. 5583; 38 U.S.C. 5122; Pub. L. No. 104-53, 211, Nov. 19, 1995; E.O. 12107.
(a) Claims covered. This subpart prescribes general procedures applicable to claims against the United States that may be settled by the Director of the Office of Personnel Management pursuant to 31 U.S.C. 3702, 5 U.S.C. 5583 and 38 U.S.C. 5122. In general, these claims involve Federal employees' compensation and leave and claims for proceeds of canceled checks for veterans' benefits payable to deceased beneficiaries.
(b) Claims not covered. This subpart does not apply to claims that are under the exclusive jurisdiction of administrative agencies pursuant to specific statutory authority or claims concerning matters that are subject to negotiated grievance procedures under collective bargaining agreements entered into pursuant to 5 U.S.C. 7121(a). Also, these procedures do not apply to claims under the Fair Labor Standards Act (FLSA). Procedures for FLSA claims are set out in part 551 of this chapter.
(a) Content of claims. Except as provided in paragraph (b) of this section, a claim must be submitted by the claimant or the claimant's representative and must be signed (in a verifiable manner, e.g., wet or digital signature) by the claimant or by the claimant's representative. The request should describe the basis for the claim and state the amount sought. The claim should also include:
(1) The name, address, telephone number, and email address of the claimant;
(2) The name, address, telephone number, and email address of the agency employee who denied the claim;
(3) A copy of the denial of the claim; and
(4) Any other information which the claimant believes OPM should consider.
(b) Agency submissions of claims. At the discretion of the agency, the agency may submit the claim to OPM on the claimant's behalf. The claimant is responsible for ensuring that OPM receives all the information requested in paragraph (a) of this section.
(c) Administrative report. At OPM's discretion, OPM may request the agency to provide an administrative report. This report should include:
(1) The agency's factual findings;
(2) The agency's conclusions of law with relevant citations;
(3) The agency's recommendation for disposition of the claim;
(4) A complete copy of any regulation, instruction, memorandum, or policy relied upon by the agency in making its determination;
(5) A statement that the claimant is or is not a member of a collective bargaining unit, and if so, a statement that the claim is or is not covered by a negotiated grievance procedure that specifically excludes the claim from coverage; and
(6) Any other information that the agency believes OPM should consider.
(d) Canceled checks for veterans' benefits. Claims for the proceeds of canceled checks for veterans' benefits payable to deceased beneficiaries must be accompanied by evidence that the claimant is the duly appointed representative of the decedent's estate and that the estate will not escheat.
(e) Filing a claim. An individual, or his or her authorized representative, seeking to file a claim under this part must use the electronic filing system available at https://opmefile.opm.gov/hc/en-us. Absent an exemption under paragraph (e)(2) of this section, OPM will not accept the filing of a claim, evidence, or other supporting documents via electronic mail or postal mail.
(1) Electronic filing (eFile) procedures.
(i) All parties and their representatives to a claim must register as instructed by OPM on its website using a unique email address.
(ii) Registration as an eFiler constitutes consent to accept electronic service of all documents, records, notices, decisions filed by the agency, claimant, or issued by OPM. No party may electronically file any document with OPM or access a claim unless registered as an eFiler.
(iii) All notices, decisions, and other documents issued by OPM, as well as all documents filed by parties, will be made available for viewing and downloading at OPM's electronic filing system. Access to documents is limited to the parties and their representatives who are registered eFilers in the cases in which they were filed.
(iv) All parties and their representatives must follow the instructions on OPM's website for properly filing all claims, evidence, and other documents. OPM may strike a document where an eFiler repeatedly fails to follow these instructions subsequent to a show cause order.
(v) Each eFiler must promptly update their profile in OPM's electronic filing system. The electronic filing system will alert OPM, and other parties of any change made to their address, telephone number, or email address in each pending case with which they are associated. eFilers are also responsible for monitoring case activity regularly in OPM's electronic filing system to ensure that they have received all case-related documents and updates.
(vi) A party or representative may withdraw their registration as an eFiler pursuant to the requirements posted on OPM's website. Withdrawing registration in OPM's electronic filing system means that, effective upon OPM's processing of a proper withdrawal, all filings, evidence, orders, and other documents filed by a party or party's representative and OPM will no longer be made available to that person electronically and that person will no longer have electronic access to their case records through OPM's electronic filing system. OPM may still process a claim after a party or a party's representative withdraws as an eFiler. Withdrawal as a party or party's representative will not be considered good cause for staying a case.
(vii) Documents filed in OPM's electronic filing system are deemed received on the date of the electronic submission. The party submitting the claim or any documents will receive acknowledgement of receipt of the claim and submission of any documents to support the claim.
(2) OPM, in its sole and exclusive discretion, may exempt a party or representative from registering as an eFiler. A party or representative must promptly contact OPM as instructed on OPM's website to request an exemption from the eFiling requirements in this Part. OPM will not find good cause for failing to file a claim timely if the party or representative fails to contact OPM to request an exemption before any deadline to file.
(3) Submit FLSA claims as provided in subpart G of part 551 of this chapter.
[62 FR 68139, Dec. 31, 1997, as amended at 65 FR 40967, July 3, 2000; 91 FR 48233, July 31, 2026]
A claim filed by a claimant's representative must be supported by a duly executed power of attorney or other documentary evidence of the representative's right to act for the claimant.
(a) Statutory limitations relating to claims generally. Except as provided in paragraphs (b) and (c) of this section or as otherwise provided by law, 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.
(b) Claims under the Fair Labor Standards Act. Claims arising under the FLSA, 29 U.S.C. 207, et seq., must be received by the Office of Personnel Management, or by the department or agency out of whose activity the claim arose, within the time limitations specified in the FLSA.
(c) Other statutory limitations. Statutes of limitation other than that identified in paragraph (a) of this section may apply to certain claims. Claimants are responsible for informing themselves regarding other possible statutory limitations.
The burden is upon the claimant to establish the timeliness of the claim, the liability of the United States, and the claimant's right to payment. The settlement of claims is based upon the written record only, which will include the submissions by the claimant and the agency. OPM will accept the facts asserted by the agency, absent clear and convincing evidence to the contrary.
OPM will send a settlement to the claimant advising whether the claim may be allowed in whole or in part. If OPM requested an agency report or if the agency forwarded the claim on behalf of the claimant, OPM also will send the agency a copy of the settlement.
(a) The OPM settlement is final; no further administrative review is available within OPM.
(b) Nothing is this subpart limits the right of a claimant to bring an action in an appropriate United States court.