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B-208480,B-208481 1 (1983-03-28)

handle is hein.gao/gaobadkyz0001 and id is 1 raw text is: .3'? THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON. O.C. 20548 FILE: B-208480, B-208481 DATE: March 28, 1983 MATTER OF: Leverett C. Burke and James E. Mole - Statute of Limitations - Backpay DIGEST: Two employees were awarded backpay pursuant to a December 10, 1973, ruling by the Board of Appeals and Review of the Civil Service Commis- sion that they had involuntarily resigned from their positions in 1972. The employees' claims that overtime earnings were improperly deducted from their backpay awards were received in this Office on June 16 and July 14, 1980. The claims may not be allowed since they accrued on December 10, 1973, the date of the Board's determina- tion, and 31 U.S.C. S 71a (1976) bars consideration of claims received in this Office more than 6 years after the date the claim first accrues. This action is in response to a letter from the law firm of Shein and Brookman, on behalf of two employees of the U.S. Customs Service, appealing our Claims Group's settlements, which determined that the employees' over- time earnings during the period of an improper personnel action must be deducted from Federal backpay. We hold that the employees' claims are barred by the 6-year statute of limitations stated in 31 U.S.C. S 71a (1976). Messrs. Leverett C. Burke and James E. Mole resigned from their positions as Customs Patrol Officers on March 22 and March 23, 1972, respectively. On December 10, 1973, the Board of Appeals and Review of the Civil Service Commission (now Office of Personnel Management) determined that the employees' resignations were involuntary, and ordered that the employees be rein- stated to their positions. The employees were reinstated retroactively on December 27, 1973. Each employee was awarded backpay under the Back Pay Act, 5 U.S.C. S 5596 (1976), beginning on the date of his involuntary resigna- tion and terminating on the date of his reinstatement. dq 73

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