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B-209955 1 (1983-05-31)

handle is hein.gao/gaobadlcn0001 and id is 1 raw text is: 0 THECOMPTROLLER GENERAL DECISION OP THE UNITED STATES WAS HIN GTON. 0.C. 2O548 FILE: B-209955 DATE: May 31, 1983 MATTER OF: Alfred L. Lillie - Back Pay Entitlement - Barring Act DIGEST: An intermittent Federal employee failed to receive within-grade increases due to administrative error. Upon discovery, the employing agency took corrective action under 5 U.S.C. S 5596, but submitted the back pay award claim here because the period covered spanned 19 years. Portion of claim arising before July 7, 1976, is barred since 31 U.S.C. S 71a (now 31 U.S.C. S 3702(b)(1)) limits recovery to 6-year period prior to receipt of claim here, and this Office does not have the authority to waive or modify its applica- tion. The accrual of a claim for under- payment of compensation found due pursuant to employing agency determination for services rendered is the date of perform- ance and a new claim accrues on each day such services are rendered. 29 Comp. Gen. 517 (1950). This decision is in response to an appeal by a civilian employee of the Department of the Interior, from a settle- ment by our Claims Group which disallowed, in part, his entitlement to back pay under 5 U.S.C. S 5596. The disallowance was based on the provisions of the Barring Act, as amended, 31 U.S.C. S 71a. The issue presented is whether the provisions of the Barring Act limits recovery of back pay where the employing agency made its determination, takes corrective action, and where the employee was without knowledge of the error. For the reasons that follow, we sustain our Claims Group's settlement. Mr. Alfred L. Lillie, an employee of the Department of the Interior, was promoted and held a full time position with that agency in December 1960, as a grade GS-9, step 1. On September 3, 1961, he became an intermittent employee with the agency in the sare grade and step. From then until 1975, he received no within-grade increases, although it has recently been dc , hi.......... 6 z-1 57 3 .C>e- -j ,_/ 71

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