(a) When an appropriate authority has determined that an employee was affected by an unjustified or unwarranted personnel action, the employee shall be entitled to back pay under section 5596 of title 5, United States Code, and this subpart only if the appropriate authority finds that the unjustified or unwarranted personnel action resulted in the withdrawal, reduction, or denial of all or part of the pay, allowances, and differentials otherwise due the employee.
(b) The requirement for a “timely appeal” is met when—
(1) An employee or an employee's personal representative initiates an appeal or grievance under an appeal or grievance system, including appeal or grievance procedures included in a collective bargaining agreement; a claim against the Government of the United States; a discrimination complaint; or an unfair labor practice charge; and
(2) An appropriate authority accepts that appeal, grievance, claim, complaint, or charge as timely filed.
(c) The requirement for an “administrative determination” is met when an appropriate authority determines, in writing, that an employee has been affected by an unjustified or unwarranted personnel action that resulted in the withdrawal, reduction, or denial of all or part of the pay, allowances, and differentials otherwise due the employee.
(d) The requirement for “correction of the personnel action” is met when an appropriate authority, consistent with law, Executive order, rule, regulation, or mandatory personnel policy established by an agency or through a collective bargaining agreement, after a review, corrects or directs the correction of an unjustified or unwarranted personnel action that resulted in the withdrawal, reduction, or denial of all or part of the pay, allowances, and differentials otherwise due the employee.
(e)(1) The pay, allowances, and differentials paid as back pay under this subpart (including payments made under any grievance or arbitration decision or any settlement agreement) may not exceed that authorized by any applicable law, rule, regulation, or collective bargaining agreement, including any applicable statute of limitations.
(2) An agency may not authorize pay, allowances, and differentials under this subpart in any case for a period beginning more than 6 years before the date of the filing of a timely appeal, or, absent such filing, the date of the administrative determination that the employee is entitled to back pay, consistent with 31 U.S.C. 3702(b). (See also § 178.104 of this chapter.)
(3) For back pay claims dealing with payments under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 207, et seq.), an agency must apply the 2-year statute of limitations (3 years for willful violations) in 29 U.S.C. 255a. (See also § 551.702 of this chapter.)
[46 FR 58275, Dec. 1, 1981, as amended at 64 FR 72458, Dec. 28, 1999]
Notes of Decisions
Arthur C. Payne, Cross-Appellee v. Panama Canal Co., Cross-Appellant, 607 F.2d 155 (5th Cir. 1979).
· cites it 2× “See 5 C.F.R. § 550.804 (f). Congress expressly made clear its intent for the 1975 amendment to “apply to any employee found, on or after March 30, 1966, to have undergone an unjustified or unwarranted personnel action the correction of which entitled or entitles such employee to…”
Power v. United States, 220 Ct. Cl. 157 (Ct. Cl. 1979).
· cites it 2× “The defendant, in explaining its concession that it is not entitled to any offset because of the plaintiffs failure to seek other employment during the 1-year period immediately following his separation from the government service, quotes from a regulation of the Civil Service…”
Adam v. Norton, 636 F.3d 1190 (9th Cir. 2011).
· cites it 2× “” 5 C.F.R. § 550.804 (b)(l)-(2) (emphasis added).”
James E. Brown v. Sec'y of the Army. Wellington Mitchell v. Sec'y of Com., 918 F.2d 214 (D.C. Cir. 1990).
“” 5 C.F.R. § 550.804 (b). The references in the OPM regulations to discrimination complaints and to the EEOC, whose sole function is to enforce Title VII, strongly suggest OPM’s assumption that the Back Pay Act is appropriately applied in tandem with Title VII.”
Morris v. United States, 219 Ct. Cl. 452 (Ct. Cl. 1979).
· cites it 3× “The amount of back pay an employee is entitled to, as stated in 5 C.F.R. § 550.804 (b)(7) 3 includes: (7) Any other changes which would affect the amount of pay, allowances, differentials, or leave which the employee would have earned had it not been for the unjustified or…”
White v. Bloomberg, 360 F. Supp. 58 (D. Maryland 1973).
· cites it 3× “5 C.F.R. § 550.804 (f) provides: In computing the amount of back pay due an employee under this section and section 5596(b) of title 5, United States Code, if the employee has been restored within 1 year after his erroneous separation, the agency may not delete any period from…”
Burke v. Green, 422 F. Supp. 350 (E.D. Pa. 1976).
· cites it 3× “5 C.F.R. § 550.804 , implementing the Back Pay Act, mandates that the agency shall not include in its back pay award an allowance for expenses which would have been reimbursed if incurred by the employee in the performance of his agency job, but were not incurred because of the…”
Jaynes v. United States, 68 Fed. Cl. 747 (Fed. Cl. 2005).
“” 5 C.F.R. § 550.804 (b) (2005). “Appropriate authority means an entity having authority in the case at hand to correct or direct the correction of an unjustified or unwarranted personnel action, including .”
Caraway v. Postmaster Gen. of the United States, 678 F. Supp. 125 (D. Maryland 1988).
“” The regulation concerning remedies for ADEA claims sets forth in pertinent part: When an agency, or the Commission, finds that an employee of the agency was discriminated against, the agency shall take remedial actions which shall include one or more of the following, but need…”
— 5 C.F.R. § 550.804(a) — 1 case
— 5 C.F.R. § 550.804(f) — 1 case
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