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B-222378 1 (1987-03-13)

handle is hein.gao/gaobadmpw0001 and id is 1 raw text is: ~LZR ~ The Comptroller General C-- of the United States C S, Whington, D.C. 20548 --- Decision Matterof- William L. Schaeffer, et al. - Premium Pay - Night Differential Pay Claims File: B-222378 Date: March 13, 1987 DIGEST 1. Three employees filed claims with their agency in 1985 for night differential under 5 U.S.C. 5 5545 for overtime hours during the period January 1, 1977, through February 28, 1983. Those claims were not received in the General Accounting Office (GAO) until March 20, 1986. Therefore, that portion of the claims which arose prior to March 20, 1980, may not be considered since 31 U.S.C. S 3702(b)(1) (1982) bars consideration of all claims pre- sented to GAO more than 6 years after the date the claims first accrued. Further, the filing with an administrative office does not satisfy the requirement of the barring act. 2. Employees working as petroleum inspectors are not entitled to night differential under 5 U.S.C. S 5545 for overtime performed prior to February 28, 1983, since the nature of their work is not predictable enough to allow the agency to schedule their hours in advance. DECISION This decision is in response to a request from Peter H. Tovar, Chief, Accounting and Finance Division, Defense Logistics Agency. It concerns the entitlement of three employees in the Los Angeles regional office, Defense Contract Administration Services, to receive night differ- ential pay during the period January 1, 1977, through February 28, 1983. SIX-YEAR BARRING ACT Under 31 U.S.C. S 3702(b)(1) (1982), a claim against the government must be received here within 6 years of the date that claim first accrued. We have held that timely receipt of a claim is a condition precedent to a claimant's right to have that claim considered on its merits. Furthermore, the filing of a claim with any other government agency does not satisfy the reauirements imposed by this provision. I - 13.;2 6 '3 7

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