PART 180—EMPLOYEES' PERSONAL PROPERTY CLAIMS Authority: Sec. 3, 78 Stat. 767, as amended; 31 U.S.C. 241. Source: 43 FR 47163, Oct. 13, 1978, unless otherwise noted. § 180.101 Scope and purpose. (a) The Military Personnel and Civilian Employees' Claims Act of 1964, 31 U.S.C. 240 to 243, authorizes the Director, Office of Personnel Management to settle and pay (including replacement in kind) claims of officers and employees of OPM, amounting to not more than $15,000, for damage to or loss of personal property incident to their service. Claims are payable only for such types, quantities, or amounts of tangible personal property (including money) as the approving authority shall determine to be reasonable, useful, or proper under the circumstances existing at the time and place of the loss. In determining what is reasonable, useful, or proper, the approving authority will consider the type and quantity of property involved, circumstances attending acquistion and use of the property, and whether possession or use by the claimant at the time of damage or loss was incident to service. (b) The Government does not underwrite all personal property losses that a claimant may sustain and it does not underwrite individual tastes. While the Government does not attempt to limit possession of property by an individual, payment for damage or loss is made only to the extent that the possession of the property is determined to be reasonable, useful, or proper. If individuals possess excessive quantities of items, or expensive items, they should have such property privately insured. § 180.102 Claimants. (a) The following are proper claimants: (1) Officers and employees of OPM; (2) Former officers and employees of OPM whose claims arose out of incidents which occurred before their separation; (3) The authorized agent or legal representative of persons in §§ 180.102(a)(1) and 180.102(a)(2); (4) Survivors of persons in §§ 180.102(a)(1) and 180.102(a)(2) in the following order of precedence: (i) Spouse, (ii) Children, (iii) Father or mother, or both, (iv) Brothers or sisters, or both. (b) A claim may not be presented by or for the benefit of a subrogee, assignee, conditional vendor, or other third party. § 180.103 Time limitations. A claim must be presented in writing within 2 years after it accrues, except during war or armed conflict. If war or armed conflict occurs within the 2-year period following accrual, when claimant shows good cause, the claim may be presented within 2 years after the cause ceases to exist but not more than 2 years after termination of the war or armed conflict. A claim accrues when loss or damage is or should have been discovered by claimant even though such loss or damage occurred at a prior time. § 180.104 Allowable claims. (a) A claim may be allowed only if: (1) The damage or loss was not caused wholly or partly by the negligent or wrongful act of the claimant, claimant's agent, a member of claimant's family, or claimant's private employee (the standard to be applied is that of reasonable care under the circumstances); (2) The possession of the property damaged or lost and the quantity possessed is determined to have been reasonable, useful, or proper under the circumstances; and (3) The claim is substantiated by proper and convincing evidence. (b) Claims which are otherwise allowable under this part shall not be disallowed solely because the property was not in the possession of the claimant at the time of the damage or loss or solely because the claimant was not legal owner of the property for which the claim is made. For example, borrowed property may be the subject of a claim. (c) Subject to the conditions in § 180.104(a) and the other provisions of this part, any claim for damage to or loss of personal property incident to service with OPM may be considered and allowed. The following are examples of the principal types of claims which may be allowed. These examples are not exclusive and other types of claims may be allowed unless excluded by § 180.106: (1) Property damaged or lost in quarters. (i) Quarters within the 50 States and the District of Columbia that were assigned to the claimant or otherwise provided in kind by the United States; (ii) Quarters outside the 50 States and the District of Columbia that were occupied by the claimant, whether or not they were assigned or otherwise provided in kind by the United States, except when the claimant is a local inhabitant; or (iii) Any warehouse, office, working area, or other place (except quarters) authorized or apparently authorized for the reception or storage of property. (2) Transportation or travel losses. (3) Motor vehicles. (4) Mobile homes. (5) Money. (i) Where personal funds were accepted by responsible Government personnel with apparent authority to receive them for safekeeping deposit, transmittal, or other authorized disposition, but were neither applied as directed by the owner nor returned; (ii) When lost incident to a marine or aircraft disaster; (iii) When lost by fire, flood, hurricane, or other natural disaster; (iv) When stolen from the quarters of the claimant where it is conclusively shown that the money was in a locked container and that the quarters themselves were locked; (v) When taken by force from the claimant's person. (6) Clothing. (i) During the performance of official duties in an unusual or extraordinary-risk situation; (ii) In cases involving emergency action required by natural disaster such as fire, flood, hurricane, or by enemy or other belligerent action; (iii) In cases involving faulty equipment or defective furniture maintained by the Government and used by the claimant as required by the job situation; or (iv) When using a motor vehicle. (7) Property used for benefit of the Government. (8) Enemy action or public service. (i) Enemy action or threat thereof, or combat, guerilla, brigandage, or other belligerent activity, or unjust confiscation by a foreign power or its nationals; (ii) Action by the claimant to quiet a civil disturbance or to alleviate a public disaster; or (iii) Efforts by the claimant to save human life or Government property. (9) Marine or aircraft disaster. (10) Government property. (11) Borrowed property. § 180.105 Claims not allowed. (a) A claim is not allowable if: (1) The damage or loss was caused wholly or partly by the negligent or wrongful act of the claimant, claimant's agent, claimant's employee, or a member of claimant's family; (2) The damage or loss occurred in quarters occupied by the claimant within the 50 States and the District of Columbia that were not assigned to the claimant or otherwise provided in kind by the United States; (3) Possession of the property lost or damaged was not incident to service or not reasonable or proper under the circumstances. (b) In addition to claims falling within the categories of § 180.105(a), the following are examples of claims which are not payable: (1) Claims not incident to service. (2) Subrogation claims. (3) Assigned claims. (4) Conditional vendor claims. (5) Claims by improper claimants. (6) Small items of substantial value. (7) Articles of extraordinary value. (8) Articles acquired for other persons. (9) Property used for business. (10) Unserviceable property. (11) Violation of law or directive. (12) Intangible property. (13) Government property. (14) Motor vehicles. (15) Enemy property. (16) Losses recoverable from carrier. (17) Losses recoverable from insurer. (18) Losses recoverable from contractor. (19) Fees for estimates. (20) Items fraudulently claimed. § 180.106 Claims involving carriers and insurers. (a) Claimants must comply with the following before presenting claims involving a carrier or insurer: (1) Whenever property is damaged or lost while being shipped pursuant to authorized travel orders, the owner must file a written claim for reimbursement with the carrier according to the terms of its bill of lading or contract before submitting a claim against the Government. The claimant may present a claim to the Government immediately after making demand on the carrier. (2) Whenever property which is damaged or lost incident to the claimant's service is insured in whole or in part, the claimant must make a written demand against the insurer for reimbursement under the terms and conditions of the insurance coverage. Such demand should be made within the time limit provided in the policy and prior to the filing of a claim against the Government. The claimant may present a claim to the Government immediately after making demand on the insurer. (b) If the claimant fails to make the required demand on the carrier or insurer or make reasonable efforts to collect the amount recoverable, the amount payable under the provisions of these regulations shall be reduced by the maximum amount recoverable. However, no deduction will be made if the circumstances of the claimant's service were such as to preclude timely filing of the claim with the carrier or insurer and it is determined that a demand would have been impracticable or unavailing in any event. (c) When a claim is paid by OPM, the claimant will assign to the United States, to the extent of any payment on the claim accepted by claimant, all rights, title, and interest in any claim against any carrier, insurer, or other party arising out of the incident on which the claim against the United States is based. On request, the claimant also will furnish such evidence as may be required to enable the United States to enforce the claim. (d) After payment of a claim by the United States, if the claimant receives any payment from a carrier, contractor, insurer, or other third party, the claimant will pay the proceeds to the United States to the extent of the payment received by the claimant from the United States. § 180.107 Claims procedure. (a) Filing a claim. (1) Name, address, and place of employment of the claimant; (2) Place and date of the damage or loss; (3) A brief statement of the facts and circumstances surrounding the damage or loss; (4) Cost, date, and place of acquisition of each piece of property damaged or lost; (5) Two itemized repair estimates, or value estimates, whichever is applicable; (6) Copies of police reports, if applicable; (7) A statement from the claimant's supervisor that the loss was incident to service; (8) A statement that the property was or was not insured; (9) With respect to claims involving thefts or losses in quarters or other places where the property was reasonably kept, a statement as to what security precautions were taken to protect the property involved; (10) With respect to claims involving property being used for the benefit of the Government, a statement by the claimant's supervisor that the claimant was required to provide such property or that the claimant's providing it was in the interest of the Government; and (11) Other evidence as may be required. (b) Single claim. (c) Claims investigator. (d) Loss in quarters. (1) Geographical location; (2) Whether the quarters were assigned or provided in kind by the Government; (3) Whether the quarters are regularly occupied by the claimant; (4) Name of the authority, if any, who designated the place of storage of the property if other than quarters; (5) Measures taken to protect the property; and (6) Whether the claimant is a local inhabitant. (e) Loss by theft or robbery. (1) Geographical location; (2) Facts and circumstances surrounding the loss, including evidence of the crime such as breaking and entering, capture of the thief or robber, or recovery of part of the stolen goods; and (3) Evidence that the claimant exercised due care in protecting the property prior to the loss, including information as to the degree of care normally exercised in the locale of the loss due to any unusual risks involved. (f) Transportation losses. (1) Copies of orders authorizing the travel, transportation, or shipment or a certificate explaining the absence of orders and stating their substance; (2) Statement in cases where property was turned over to a shipping officer, supply officer, or contract packer indicating: (i) Name (or designation) and address of the shipping officer, supply officer, or contract packer; (ii) Date the property was turned over; (iii) Inventoried condition when the property was turned over; (iv) When and where the property was packed and by whom; (v) Date of shipment; (vi) Copies of all bills of lading, inventories, and other applicable shipping documents; (vii) Date and place of delivery to the claimant; (viii) Date the property was unpacked by the carrier, claimant, or Government; (ix) Statements of disinterested witnesses as to the condition of the property when received and delivered, or as to handling or storage; (x) Whether the negligence of any Government employee acting within the scope of his employment caused the damage or loss; (xi) Whether the last common carrier or local carrier was given a clear receipt, except for concealed damages; (xii) Total gross, tare, and net weight of shipment; (xiii) Insurance certificate or policy if losses are privately insured; (xiv) Copy of the demand on carrier or insured, or both, when required, and the reply, if any; (xv) Action taken by the claimant to locate missing baggage or household effects, including related correspondence. (g) Marine or aircraft disaster. (h) Enemy action, public disaster, or public service. (1) Copies of orders or other evidence establishing the claimant's required presence in the area involved, and (2) A detailed statement of facts and circumstances showing an applicable case enumerated in § 180.104(c)(8). (i) Property used for benefit of Government. (1) A statement from the proper authority that the property was supplied by the claimant in the performance of official business at the request of, or with the knowledge and consent of, superior authority or by reason of necessity; and (2) If the property being used for the benefit of the Government was damaged or lost while not in use, evidence that the loss occurred in an authorized storage area. (j) Money. (1) Name, grade, and address of the person or persons who received the money and any others involved; (2) Name and designation of the authority who authorized such person or persons to accept personal funds, and the disposition required; and (3) Receipts and written sworn statements explaining the failure to account for funds or return them to the claimant. (k) Motor vehicles in transit. [43 FR 47163, Oct. 13, 1978, as amended at 44 FR 76747, Dec. 28, 1979] § 180.108 Settlement of claims. (a) Authority. (b) Redelegation. (c) Cost or value. (d) Depreciation. (e) Appreciation. (f) Expensive articles. (g) Acquisition. (h) Replacement. (i) Amount allowable. (1) The depreciated value immediately prior to damage or loss of property damaged beyond economical repair or lost, less any salvage value; or (2) The reasonable cost of repairs when property is economically repairable, provided that the cost of repairs does not exceed the depreciated value. (j) Notification. (k) Carrier or insurer. (l) Review. (m) Attorney's fees. [43 FR 47163, Oct. 13, 1978, as amended at 44 FR 76747, Dec. 28, 1979]