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B-199521 1 (1980-08-19)

handle is hein.gao/gaobadimp0001 and id is 1 raw text is: PL~ THE COMPTROLLER GENERAL DECISION j OF THE UNITED STATES W ASHIN- GTO N 0 C 2 05 FILE: B-199521 DATE: August 19, 1960 MATTER OF: Herbert M. Pollock DIGEST: Social Security Administration employee filed with agency on December 26, 1978, a claim for backpay inci- dent to extended detail to higher-grade position from May 14 to September 16, 1973. Claim was not received in General Accounting Office until September 12, 1979. Claim is barred for period before September 12, 1973, since 31 U.S.C. § 71a provides that every claim cogni- zable by GAO is barred forever unless it is received in GAO within 6 years after date claim accrued. Filing claim with administrative agency does not meet require- ment of barring act even where delay at agency.level is fault of agency, not employee. This decision is in response to a request by Mr. Thomas S. MFee, Assistant Secretary for Personnel Administration, Department ofY Health and Human Services, for review of the action of the Social Security Administration (SSA) which informed Mr. Herbert M. Pollock that his claim for backpay incident to an extended detail to a higher-grade position was barred in substantial part because it was not timely filed with our Office. On May 14, 1973, Mr. Pollock, then a grade GS-13 in SSA, was detailed by his supervisor to assume the duties of Supervisory Social Insurance Specialist, GS-14. Mr. Pollock performed the higher-level duties until he was offically promoted to grade GS-14 on September 16, 1973. On December 26, 1978, Mr. Pollock filed a claim with SSA for a retroactive promotion and backpay for the period he was detailed to the GS-14 position. Due to an administrative oversight, SSA did not register the claim with our Office to toll the 67year statute of limitations until September 12, 1979. On October 5, 1979, SSA de- termined that Mr. Pollock met the statutory and regulatory require- ments for promotion and that his detail to the higher grade exceeded the 60-day period permissible under the SSA Headquarters Merit Pro- motion Plan. Although SSA granted Mr. Pollock a retroactive temporary promotion for the period September 12 through September 15, 1973, the agency disallowed his claim for the period July 13 through September 12, 1973, on the basis that this portion of the claim was time barred. A j 1 iii

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