Office of the General Counsel

File Number: 01-0003

[claimant's name and address]

Dear [claimant]:

This responds to your October 12, 2000, letter regarding back pay for overtime claim. After closely reviewing the documentation that you submitted, we cannot accept your claim at this time.

Part 178 of Title 5, Code of Federal Regulations (copy enclosed) concerns the adjudication and settlement of claims for compensation and leave. Section 178.102 describes the procedures for submitting claims as well as the documentation that should accompany a claim. Paragraph (a)(3) of section 178.102 specifies that this documentation should include a copy of the denial of the claim. Therefore, paragraph (a)(3) contemplates that an employing agency already has reviewed, and issued an initial decision on a claim before it is submitted to the Office of Personnel Management (OPM) for adjudication. Although paragraph (b) of section 178.102 provides that an agency, in its discretion, may forward a claim to the OPM, it also provides that the claimant is responsible for ensuring that OPM receives all the information requested in paragraph (a), including the agencys initial decision.

Based on the information that you submitted, we find no record of such a denial of your claim from your headquarters employing agency. Therefore, you should submit your claim to the [agency] for a determination. I am returning the documentation that you provided so that you can include it with your submission to the [agency]. If your agency denies your claim at the headquarters level, you may then submit your claim for adjudication to OPM.

Sincerely,

Melissa A. Drummond
Program Manager

Enclosures