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. Link to an amendment published at 91 FR 48233, July 31, 2026. (a) Content of claims. (1) The name, address, telephone number and facsimile machine number, if available, of the claimant; (2) The name, address, telephone number and facsimile machine number, if available, 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) Where to submit claims. (2) FLSA claims should be sent to the appropriate OPM Oversight Division as provided in part 551 of this chapter. [62 FR 68139, Dec. 31, 1997, as amended at 65 FR 40967, July 3, 2000] § 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.