Pursuant to the Legislative Branch Appropriations Act of 1996, most of the claims settlement functions performed by the General Accountability Office (GAO) were transferred to the Director, Office of Management and Budget (OMB). See section 211 of Public Law 104-53, 109 Stat. 535. Subsequently, OMB delegated these functions to various components within the Executive branch in a determination order dated July 28, 1996.

In summary, this order delegated to OPM the authority to settle claims against the United States involving:

• Federal employees' compensation and leave;
• Deceased employees' compensation;
• Proceeds of canceled checks for veterans' benefits payable to deceased beneficiaries.

Subsequently, Congress codified these changes through additional legislation. See Public Law 104-316, 110 Stat. 3826.

Regulations pertaining to this function are found in part 178 of title 5, Code of Federal Regulations (CFR). Procedures for filing claims are as follows:

Negotiated Grievance Procedure (NGP) as Exclusive Administrative Remedy

You must use the negotiated grievance procedure as your exclusive administrative remedy if all the following conditions apply at any time during the claim period. You have no right to further administrative review by OPM.

1. You were in a bargaining unit position;
2. Your bargaining unit was covered by a collective bargaining agreement (CBA); and
3. Your CBA did not specifically exclude compensation and leave matters from the scope of the negotiated grievance procedure.

Representatives

You may have a representative help you prepare and submit your claim, but the representative cannot be someone with management authority over your position. In addition, the representative must be designated in writing.

Content of Claims

You or your designated representative must submit and sign your claim. While no specific form is required, the request should describe the basis for the claim and state the amount sought. Your claim should also include:

• Your name, address, telephone number, and email address;
• The names, email addresses, mailing addresses, and commercial office telephone number of your representatives, if applicable;
• The name, address, telephone number, and email address, if available, of the agency employee who denied the claim;
• A copy of the denial of the claim, issued by the employing agency (i.e., agency-level decision); and
• Any other information which the claimant believes OPM should consider.

Agency Submissions of Claims

At the discretion of the agency, the agency may forward the claim to OPM on the claimant's behalf. The claimant is responsible for ensuring that OPM receives all the information requested.

Submission Options

You or your designated representative should submit your signed and dated claim using one of the following options.

Group Mailbox

Submit your claim or appeal directly to Adjudications@opm.gov.

Physical Mail

Mail your claim to:

Office of Adjudications
Merit System Accountability and Compliance
U.S. Office of Personnel Management
1900 E Street NW
Washington, DC 20415

Administrative Report

At OPM's discretion, OPM may request the agency to provide an administrative report. This report should include:

• The agency's factual findings;
• The agency's conclusions of law with relevant citations;
• The agency's recommendation for disposition of the claim;
• A complete copy of any regulation, instruction, memorandum, or policy relied upon by the agency in making its determination;
• A statement that the claimant is or is not a member of a collective bargaining unit, and if so, a statement that the claim is or is not covered by a negotiated grievance procedure that specifically excludes the claim from coverage; and
• Any other information that the agency believes OPM should consider.