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Office of the General Counsel
Date: June 26, 1998
Matter of: [xxx]
File Number: S001781
OPM Contact: Murray M. Meeker
The claimant, a [xxx] with the [agency], claims back pay in the
amount of $83,755.20, plus interest, based on the decision of the
United States Court of Appeals for the Federal Circuit in
National Treasury Employees Union v. James B.
King, 132 F.3d 736 (Fed. Cir. 1998). The claimant has misread
the Federal Circuit's decision.
The claimant correctly states that the Federal Circuit has
determined that the salary conversion rule promulgated by the
Office of Personnel Management (OPM) in 1982 was unlawful and that
OPM's pre-1982 rule is the proper measure of damages for
plaintiffs. However, the Federal Circuit has not ordered the
Federal Government to make payment. Rather, the Federal Circuit has
remanded the matter "for a determination of plaintiffs' proper
award." Thus, this matter is currently pending before the United
States District Court for the District of Columbia. This office,
therefore, has no jurisdiction at this time to interrupt or
otherwise interfere with these judicial proceedings.
This settlement is final. No further administrative review is
available within OPM. Nothing in this settlement limits the
employee's right to bring an action in an appropriate United States
Court.