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B-201936 1 (1981-04-21)

handle is hein.gao/gaobadjic0001 and id is 1 raw text is: CECISION FILE: B-201936 MATTER 0I DIGEST: THE COMPTROLLE~c:E ,E-N OF THE UNITED STATE9 WASHINGTON. D.C. 20548 DATE: April 21, 1981 F: James W. Gregory - Barring Act 1. Employee's claim for retroactive temporary promotion from April 16, 1973, until March 30, 1975, is time barred prior to February 9, 1975. Although employee filed claim with his agency dated May 20, 1980, the Barring Act, 31 U.S.C. 71a (1976), requires that claim be received in GAO to toll the act. Moreover, certifying officer's later request as to propriety of paying enployee does not toll the act since certifying officer did not send claim or signed voucher with his request. Only when emgloyee's claim was received in GAO on February 9, 1981, was the barring act tolled. Employee may be paid on his claim from Febru- ary 9, 1975, until March 30, 1975. 2. Certifying officer requesting advance decision from this Office should sub- mit signed voucher with his request since Barring Act, 31 U.S.C. 71a (1976), precludes consideration of claim not received in this Office within six years after the claim first accrued. Only a signed claim of the employee, bearing his address, will toll Barring Act. A properly signed voucher would serve this purpose. Mr. James L. Ryan, authorized certifying officer with the Department of Interior's National Park Ser- vice, requests an advance decision as to what effect 31 U.S.C. 71a (1976) has on therlaim for I retro- active temporary promotion and backpayof Mr. James W. Gregory, a Park Service employee. -

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