5 CFR Part 178 — Procedures for Settling Claims

PART 178—PROCEDURES FOR SETTLING CLAIMS Source: 62 FR 68139, Dec. 31, 1997, unless otherwise noted. Subpart A—Administrative Claims—Compensation and Leave, Deceased Employees' Accounts and Proceeds of Canceled Checks for Veterans' Benefits Payable to Deceased Beneficiaries Authority: 31 U.S.C. 3702; 5 U.S.C. 5583; 38 U.S.C. 5122; Pub. L. No. 104-53, 211, Nov. 19, 1995; E.O. 12107. § 178.101 Scope of subpart. (a) Claims covered. (b) Claims not covered. § 178.102 Procedures for submitting claims. (a) Content of claims. e.g., (1) The name, address, telephone number, and email address of the claimant; (2) The name, address, telephone number, and email address of the agency employee who denied the claim; (3) A copy of the denial of the claim; and (4) Any other information which the claimant believes OPM should consider. (b) Agency submissions of claims. (c) Administrative report. (1) The agency's factual findings; (2) The agency's conclusions of law with relevant citations; (3) The agency's recommendation for disposition of the claim; (4) A complete copy of any regulation, instruction, memorandum, or policy relied upon by the agency in making its determination; (5) 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 (6) Any other information that the agency believes OPM should consider. (d) Canceled checks for veterans' benefits. (e) Filing a claim. https://opmefile.opm.gov/hc/en-us. (1) Electronic filing (eFile) procedures. (ii) Registration as an eFiler constitutes consent to accept electronic service of all documents, records, notices, decisions filed by the agency, claimant, or issued by OPM. No party may electronically file any document with OPM or access a claim unless registered as an eFiler. (iii) All notices, decisions, and other documents issued by OPM, as well as all documents filed by parties, will be made available for viewing and downloading at OPM's electronic filing system. Access to documents is limited to the parties and their representatives who are registered eFilers in the cases in which they were filed. (iv) All parties and their representatives must follow the instructions on OPM's website for properly filing all claims, evidence, and other documents. OPM may strike a document where an eFiler repeatedly fails to follow these instructions subsequent to a show cause order. (v) Each eFiler must promptly update their profile in OPM's electronic filing system. The electronic filing system will alert OPM, and other parties of any change made to their address, telephone number, or email address in each pending case with which they are associated. eFilers are also responsible for monitoring case activity regularly in OPM's electronic filing system to ensure that they have received all case-related documents and updates. (vi) A party or representative may withdraw their registration as an eFiler pursuant to the requirements posted on OPM's website. Withdrawing registration in OPM's electronic filing system means that, effective upon OPM's processing of a proper withdrawal, all filings, evidence, orders, and other documents filed by a party or party's representative and OPM will no longer be made available to that person electronically and that person will no longer have electronic access to their case records through OPM's electronic filing system. OPM may still process a claim after a party or a party's representative withdraws as an eFiler. Withdrawal as a party or party's representative will not be considered good cause for staying a case. (vii) Documents filed in OPM's electronic filing system are deemed received on the date of the electronic submission. The party submitting the claim or any documents will receive acknowledgement of receipt of the claim and submission of any documents to support the claim. (2) OPM, in its sole and exclusive discretion, may exempt a party or representative from registering as an eFiler. A party or representative must promptly contact OPM as instructed on OPM's website to request an exemption from the eFiling requirements in this Part. OPM will not find good cause for failing to file a claim timely if the party or representative fails to contact OPM to request an exemption before any deadline to file. (3) Submit FLSA claims as provided in subpart G of part 551 of this chapter. [62 FR 68139, Dec. 31, 1997, as amended at 65 FR 40967, July 3, 2000; 91 FR 48233, July 31, 2026] § 178.103 Claim filed by a claimant's representative. A claim filed by a claimant's representative must be supported by a duly executed power of attorney or other documentary evidence of the representative's right to act for the claimant. § 178.104 Statutory limitations on claims. (a) Statutory limitations relating to claims generally. (b) Claims under the Fair Labor Standards Act. et seq., (c) Other statutory limitations. § 178.105 Basis of claim settlements. The burden is upon the claimant to establish the timeliness of the claim, the liability of the United States, and the claimant's right to payment. The settlement of claims is based upon the written record only, which will include the submissions by the claimant and the agency. OPM will accept the facts asserted by the agency, absent clear and convincing evidence to the contrary. § 178.106 Form of claim settlements. OPM will send a settlement to the claimant advising whether the claim may be allowed in whole or in part. If OPM requested an agency report or if the agency forwarded the claim on behalf of the claimant, OPM also will send the agency a copy of the settlement. § 178.107 Finality of claim settlements. (a) The OPM settlement is final; no further administrative review is available within OPM. (b) Nothing is this subpart limits the right of a claimant to bring an action in an appropriate United States court. Subpart B—Settlement of Accounts for Deceased Civilian Officers and Employees Authority: 5 U.S.C. 5581, 5582, 5583. § 178.201 Scope of subpart. (a) Accounts covered. (b) Accounts not covered. § 178.202 Definitions. (a) The term deceased employees (b) The term money due (1) All per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses which are incurred in connection with the travel and for which reimbursement is due; (2) All allowances upon change of official station; (3) All quarters and cost-of-living allowances and overtime or premium pay; (4) Amounts due for payment of cash awards for employees' suggestions; (5) Amounts due as refund of salary deductions for United States Savings bonds; (6) Payment for all accumulated and current accrued annual or vacation leave equal to the pay the decedent would have received had he or she lived and remained in the service until the expiration of the period of such annual or vacation leave; (7) The amounts of all checks drawn in payment of such compensation which were not delivered by the Government to the officer or employee during his or her lifetime or of any unnegotiated checks returned to the Government because of the death of the officer or employee; and (8) Retroactive pay under 5 U.S.C. 5344(b)(2). § 178.203 Designation of beneficiary. (a) Agency notification. (b) Designation Form. (c) Who may be designated. person or persons (d) Executing and filing a designation of beneficiary form. (e) Effective period of a designation. § 178.204 Order of payment precedence. To facilitate the settlement of the accounts of the deceased employees, money due an employee at the time of the employee's death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: (a) First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency prior to the employee's death; (b) Second, if there is no designated beneficiary, to the surviving spouse of the employee; (c) Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation; (d) Fourth, if none of the above, to the parents of the deceased employee or the survivor of them; (e) Fifth, if none of the above, to the duly appointed legal representative of the estate of the deceased employee; and (f) Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his or her death. § 178.205 Procedures upon death of employee. (a) Claim form. (b) Claims involving minors or incompetents. (1) Claimant's relationship to the minor or incompetent, if any; (2) The name and address of the person having care and custody of the minor or incompetent; (3) That any moneys received will be applied to the use and benefit of the minor or incompetent; and (4) That the appointment of a guardian or committee is not contemplated. § 178.206 Return of unnegotiated Government checks. All unnegotiated United States Government checks drawn to the order of a decedent representing money due as defined in § 178.202, and in the possession of the claimant, should be returned to the employing agency concerned. Claimants should be instructed to return any other United States Government checks drawn to the order of a decedent, such as veterans benefits, social security benefits, or Federal tax refunds, to the agency from which the checks were received, with a request for further instructions from that agency. § 178.207 Claims settlement jurisdiction. (a) District of Columbia and Government corporations. (b) Office of Personnel Management. (1) When doubt exists as to the amount or validity of the claim; (2) When doubt exists as to the person(s) properly entitled to payment; or (3) When the claim involves uncurrent checks. Uncurrent checks (c) Payment of claim. [62 FR 68139, Dec. 31, 1997, as amended at 65 FR 40967, July 3, 2000] § 178.208 Applicability of general procedures. When not in conflict with this subpart, the provisions of subpart A of this part relating to procedures applicable to claims generally are also applicable to the settlement of account of deceased civilian officers and employees.

Related documents

• 45 CFR Part 504 — Filing of Claims and Procedures Therefor#510382
• 39 CFR Part 3022 — Rules for Complaints#509333
• 32 CFR Part 282 — Procedures for Settling Personnel and General Claims and Processing Advance Decision Requests#508603
• 37 CFR Part 224 — Review of Claims by Officers and Attorneys#509157
• 37 CFR Part 228 — Claimant's Failure to Proceed#509161