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B-214975 1 (1984-12-26)

handle is hein.gao/gaobadmcd0001 and id is 1 raw text is: 
3O5


                          THE COMPTROLLER GENERAL
  OECISION              . OF THE UNITED STATES
                       WASHINGTON. O.C. 20548



  FILE:   B-214975              DATE: December 26, 1984

  MATTER OF:     Horace T. Morelli - Environmental
                 Differential Pay - Barring Act

  OIGEST:

          1. Effective July 2, 1975, the time for
              filing claims against the United
              States with the Comptroller General
              of the United States was changed
              from 10 years to 6 years. See
              Public Law 93-604, now codified at
              31 U.S.C. S 3702(b) (1982). A claim
              filed by an employee of the National
              Park Service, Department of the
              Interior, for the period from 1970
              to 1981 is governed by the 6-year
              limitation period. The Comptroller
              General is without authority to
              waive or modify the provisions of
              31 U.S.C. S 3702(b).

          2. An employee filed a claim on
              July 24, 1981, with his employing
              agency for retroactive environmental
              differential pay. The claim was
              paid by the agency on October 13,
              1982, for the 6-year period
              beginning July 24, 1976, but the
              claim was not received in the
              General Acounting Office (GAO) until
              December 7, 1982. Where the claim
              has not been recorded at GAO, the
              agency may pay the claim for a
              period of 6 years only from the date
              of payment, not from the date the
              agency received the claim. The
              erroneous payment for the period
              prior to October 13, 1976, may be
              considered for waiver under
              5 U.S.C. S 5584 (1982).


     This decision is in response to a request by the
National Association of Government Employees (NAGE),
on behalf of Mr. Horace T. Morelli, an employee of
the National Park Service, United States Department of

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