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B-214245 1 (1984-07-23)

handle is hein.gao/gaobadluu0001 and id is 1 raw text is: THU COMuTlrn Iwal MENEMAL CECISION fl' OF THU UNITRE TATUS t WASHiNGTON, 0.C. 20540 FILE: B-214245 DATE: July 23, 1984 MATTER OF: Mary J. Kampe and Martha R. Johnson DIGEST: Several years after they were hired, the employing agency determined that the salary of two employees should have been based on their highest previous rate as was required by the applicable agency regulations. The resulting claims for retroactive payment are continuing claims that accrued on the dates the services were rendered by the employees and not the date that the agency determined that its highest previous rate policy had not been followed. Accordingly, in view of the statute of limitations set forth at 31 U.S.C. § 3702(b), the agency had no authority to allow any part of the claims more than 6 years prior to the date the agency made payment. The Department of Agriculture has presented the question as to the dates that two claims for retroactive pay adjustments are deemed to have accrued for the purpose of the commencement of the 6-year statute of limitations period set forth at 31 U.S.C. S 3702(b).1 These claims, which are based on the agency's determination that it was required to compute the employees' rates of pay upon appointment based upon their highest previous rate, are viewed as having accrued on a daily basis. Thus, any unpaid portions of the claims received in the General Accounting Office more than 6 years from the date of accrual are barred from consideration. Background The record shows that Ms. Mary J. Kampe and Ms. Martha R. Johnson were hired by the Soil Conservation The request for an advance decision has been submitted by Mr. W. D. Moorman, Authorized Certifying Officer, National Finance Center, United States Department of Agriculture.

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