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B-188023 1 (1981-07-31)

handle is hein.gao/gaobacuwa0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE o WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL B-188023 July 31, 1981 The Honorable Stuart E. Schiffer Acting Assistant Attorney General Civil Division Department of Justice Attention: Carmen Shepard, Esq. Dear Mr. Schiffer: Subject: Joan J. Shapira v. United States Court of Claims No. 392-81C On June 29, 1981, you requested our report on the subject petition filed June 22, 1981, wherein the plaintiff claims overtime compensation incident to her alleged performance of overtime duty between January 1, 1969, and December 31, 1971, as an employee of the Veterans Administration Hospital in Portland, Oregon. In Matter of Joan J. Shapira, B-188023, July 1, 1977, exhibit A attached to the petition, the Comptroller General upheld our Claims Division's disallowance of plaintiff's claim by Settlement Certificate Z-2596383, June 28, 1976, copy enclosed. Plaintiff's claim for overtime compensation for the period to July *10, 1969, was barred by 31 U.S.C. 71a which requires that all claims cognizable by the General Accounting Office be received in this Office within 6 years after the date such claim first accrued or be forever barred. The remainder of plaintiff's claim was disallowed on the basis that overtime was not officially ordered or approved as is required by 5 U.S.C. 5542 since the record did not establish that the proper agency official ordered, approved, or induced the performance of overtime work. It appears that the action filed by the plaintiff is barred by 28 U.S.C. 2501 (1976) which provides, in pertinent part, that Every claim of which the Court of Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues. Presenting a claim to the General Accounting Office and a decision thereon is not a prerequisite to suit and does not toll the running of the statute of limitations, 28 U.S.C. 2501. Iran National Airlines Corp. v. The United States, 175 Ct. Cl. 504 at 508 (1966) and Oregon Forest Fire Association, et al. v. The United States, 170 Ct. Cl. 308 at 317, 318 (1965). 412 / 1117 6

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