[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Page 40967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16708]



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  Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules 
and Regulations  

[[Page 40967]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 178

RIN 3206-AJ13


Procedures for Settling Claims

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
rule to amend its regulation on procedures for settling claims. The 
amendments reflect the recent transfer within OPM of the authority to 
settle claims by advising individuals where they now may file such 
claims.

EFFECTIVE DATE: Effective July 3, 2000.

FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, (202) 606-1700.

SUPPLEMENTARY INFORMATION: The United States General Accounting Office 
originally settled claims concerning federal employees'compensation and 
leave, compensation of deceased employees, and proceeds of canceled 
checks for veterans' benefits payable to deceased beneficiaries. On 
June 30, 1996, the Legislative Branch Appropriations Act of 1996 
transferred the authority to settle these claims from the General 
Accounting Office to the Director of the Office of Management and 
Budget. See Sec. 211, Pub. L. 104-53, 109 Stat. 535. On June 28, 1996, 
the Acting Director of the Office of Management and Budget issued a 
determination order redelegating to OPM the authority to settle claims 
against the United States involving federal employees' compensation and 
leave, deceased employees' compensation, and proceeds of canceled 
checks for veterans' benefits payable to deceased beneficiaries. 
Congress subsequently codified these changes through additional 
legislation. See Pub.L. 104-316, 110 Stat. 3826.
    The Director of OPM initially delegated the claims settlement 
authority to the Office of General Counsel. On April 10, 2000, the 
Director of OPM transferred the claims settlement authority to the 
Office of Merit Systems Oversight and Effectiveness. Consequently, OPM 
is amending section 178.102(e)(1), as well as section 178.207(b) and 
(c), to reflect that individuals should file Part 178 claims with the 
Office of Merit Systems Oversight and Effectiveness rather than with 
the Claims Adjudication Unit, Office of the General Counsel.

Waiver of Notice of Proposed Rulemaking

    I find, under 5 U.S.C. 553(b)(3)(B), that good cause exists for 
waiving the general notice of proposed rulemaking. The notice is being 
waived because these amendments merely reflect an organizational change 
within OPM and do not affect the rights of federal employees to file 
claims for settlement under Part 178. In addition, potential claimants 
must know, as soon as possible, where they now should file their 
claims.

Regulatory Flexibility Act

    I certify that this regulation would not have a significant 
economic impact on a substantial number of small entities because they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR Part 178

    Administrative practice and procedure, Claims, Compensation, 
Government employees.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

    For the reasons set forth in the preamble, OPM is amending 5 CFR 
part 178 as follows:

PART 178--PROCEDURES FOR SETTLING CLAIMS

Subpart A--Administrative Claims--Compensation and Leave, Deceased 
Employees' Accounts and Proceeds of Canceled Checks for Veterans' 
Benefits Payable to Deceased Beneficiaries

    1. The authority citation for subpart A continues to read as 
follows:

    Authority: 31 U.S.C. 3702; 5 U.S.C. 5583; 38 U.S.C. 5122; Pub. 
L. No. 104-53, Sec. 211, 109 Stat. 535 (Nov. 19, 1995); E.O. 12107.

    2. In Sec. 178.102, revise paragraph (e)(1) to read as follows:


Sec. 178.102  Procedures for submitting claims.

* * * * *
    (e) Where to submit claims. (1) All claims under this section 
should be sent to the Program Manager, Office of Merit Systems 
Oversight and Effectiveness, Room 7671, Office of Personnel Management, 
1900 E Street NW., Washington, DC 20415. Telephone inquiries regarding 
these claims may be made to (202) 606-7948.
* * * * *

Subpart B--Settlement of Accounts for Deceased Civilian Officers 
and Employees

    1. The authority citation for subpart B continues to read as 
follows:

    Authority: 5 U.S.C. 5581, 5582, 5583.


Sec. 178.207  [Amended]

    2. In Sec. 178.207, remove the words ``Claims Adjudication Unit, 
Office of General Counsel'' from paragraph (b) and the words ``Claims 
Adjudication Unit'' from paragraph (c). Add in their place the words 
``Office of Merit Systems Oversight and Effectiveness.''

[FR Doc. 00-16708 Filed 6-30-00; 8:45 am]
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