4 FAM 480
CLAIMS AGAINST THE UNITED STATES
(CT:FIN-427; 07-23-2013)
(Office of Origin: CGFS/FPRA/FP)
4 FAM 481 scope and AUTHORITY
4 FAM 481.1 Scope
(CT:FIN-427; 07-23-2013)
This subchapter contains the Department of States
policies and procedures regarding certain noncontractual claims against the
U.S. Government. The procedures provide guidance for processing the claims
received by Department employees.
4 FAM 481.2 Authority
(CT:FIN-427; 07-23-2013)
The authorities include 28 U.S.C. 2672; 31 U.S.C. 3325 and
3528; 28 CFR Part 14; 22 CFR 16.15; 22 CFR 910.5; 2 FAM 281.1; 14 FAM 640; 4 FAH-3 H-420;
and 4 FAH-3
H-430. The Department will forward claims involving another Federal agency
to the agency authorized to pay, settle, or deny such claims.
4 FAm 482 FORMS AND REFERRALS
4 FAM 482.1 Claim Form
(CT:FIN-405; 07-07-2010)
Generally, the formal requirements for claims are included
in 2 FAM 281.4
and 2 FAM 281.6.
Any written request to the United States for payment of money that is signed by
the claimant or the claimants representative is processed as a claim against
the United States in accordance with 2 FAM 281.4-2.
4 FAM 482.2 Referral of Claims
(CT:FIN-405; 07-07-2010)
The Office of the Legal Adviser (L) determines the
appropriate action(s) for a claim against the United States. A referral must
include any documentation or other materials relevant to the claim.
4 FAM 483 CLAIM and vouchering
requirements
4 FAM 483.1 Voucher Preparation
(CT:FIN-405; 07-07-2010)
A voucher official prepares a voucher for each claim for
each decision document (settlement agreement or claim adjudication) that
directs payment of a claim by a paying office. In addition, he or she attaches
all supporting documentation related to the voucher.
4 FAM 483.2 Voucher Review
(CT:FIN-405; 07-07-2010)
The voucher official prepares the voucher in accordance
with 31 U.S.C. 3325. The responsibilities for a certifying official certifying
a voucher are listed in 31 U.S.C. 3528(a).
4 FAM 483.3 Source of Funds
(CT:FIN-427; 07-23-2013)
a. Claims payable by the Department are recorded as a
liability and are charged to the appropriation and allotment of the activity
program and location whose activities gave rise to the claim, except as stated
in 4 FAM 483.3,
paragraphs b through d, following.
b. Tort claims of $2,500 or less are settled by the
Department from the accounts payable established in the operating appropriation
of the post, bureau, or office, current at the time of final settlement. Tort
claims in excess of $2,500 are settled and paid as directed by L (and processed
by the Bureau of the Comptroller and Global
Financial Services, Office of Claims (CGFS/F/C)), in accordance with 28 U.S.C. 2672.
c. Payments from accounts payable of expired accounts
must be made in accordance with OMB Circular A-11 Part 4 Section 20.
d. The payment of claims based on judgments of either
U.S. or non-U.S. courts are paid as instructed by L and CGFS/F/C.
4 FAM 484 TYPES OF CLAIMS
4 FAM 484.1 Claims Related to
Foreign Service Grievance Board Decisions
(CT:FIN-405; 07-07-2010)
Unless appealed by the grievant in the appropriate U.S.
District Court, in accordance with the Foreign Service Act of 1980, as amended
(Public Law 96-465, Section 1105 et seq.), 22 CFR 16.15, and 22 CFR 910.5, a
decision of the Foreign Service Grievance Board in a properly assigned case is
final. The certifying officer must review the voucher and decision to ensure
that the requested payment actually implements the decision and arithmetic
computation is correct.
4 FAM 484.2 Personal Property
Claims of Department Employees
(CT:FIN-405; 07-07-2010)
The procedures for claims for loss or damage to personal
property by Department employees incident to employment are set forth in 14 FAM 640.
4 FAM 484.3 Claims for Injury or
Death of Civilian Employees
(CT:FIN-405; 07-07-2010)
A claim related to injury or death of a civilian employee
incident to employment will be filed in accordance with 2 FAM 281.4.
Benefits are covered by the Federal Employees Compensation Act (FECA); see 3 FAM 3650.
4 FAM 484.4 Death of Foreign
Service National (FSN) Employee
(CT:FIN-427; 07-23-2013)
A Foreign Service National (FSN)
employee who dies as a result of injuries sustained in the performance of duty
may be paid a death gratuity in accordance with 3 FAM 3650 or 3 FAM 7714.
Amounts due to employee, such as unpaid compensation, must be settled by the
post in accordance with local compensation plans. In determining the proper
payee (e.g., surviving spouse, guardian of minor child, representative of
estate), the administrative office may request authority to obtain local legal
advice (see 2 FAM
283).
4 FAM 484.5 Unnegotiated Checks Due
to Death or Nondelivery
4 FAM 484.5-1 Unnegotiated
Checks, Less Than One Year Old
(CT:FIN-427; 07-23-2013)
a. To claim the final salary and lump sum annual leave
payments payable to a deceased employee, the employees estate must submit a
Form SF-1153, Claim for Compensation of Deceased Civilian Employee, along with
the unnegotiated check to HR/ER/WLD (see 3 FAM 3656).
b. The claimant must draft and sign the request for
claims for the proceeds of undelivered checks. A voucher official prepares a
voucher referencing the original check number, amount, checking account symbol,
voucher number, and period of account, along with Form SF-1098, Schedule of
Canceled or Undelivered Checks.
4 FAM 484.5-2 Unnegotiated
Checks, More Than One Year Old
(CT:FIN-405; 07-07-2010)
Checks that are not negotiated after one year from its
issue date are discussed in 4 FAH-3 H-346,
Limited Payability of Government Checks. A new claim for reissuance may be
submitted in accordance with the provisions of 31 U.S.C. 3702.
4 FAM 484.6 Miscellaneous Claims
4 FAM 484.6-1 Retirement
Deductions of Civil Service Employees
(CT:FIN-427; 07-23-2013)
An application for refund of retirement deductions from
the pay of a Civil Service employee is submitted on Form SF-2802, Application
for Refund of Retirement DeductionsCivil Service Retirement System, or Form SF-3106,
Application for Refund of Retirement DeductionsFederal Employees Retirement
System (original only) to CGFS. If the
refund claim is made by a beneficiary of a deceased employee, submission is on
Form SF-2800, Application for Death BenefitsCivil Service Retirement System
(original only), or Form SF-3104, Application for Death BenefitsFederal
Employees Retirement System, with a certified copy of the public record showing
the employees death.
4 FAM 484.6-2 Retirement
Deductions of Foreign Service Employees
(CT:FIN-427; 07-23-2013)
Form DS-5003, Application for Refund of Compulsory
Retirement ContributionsForeign Service Retirement System (formerly OF-138)
(see 3 FAM 6000) is used to obtain a refund of retirement deductions from the
pay of a Foreign Service employee. The Office of Retirement (HR/RET) processes
Form DS-5003 and forwards it to CGFS for
settlement.
4 FAM 484.6-3 U.S. Savings Bond
Deductions
(CT:FIN-405; 07-07-2010)
A claim for refund of U.S. Savings Bond deductions should
normally arise only in connection with amounts due the estate of a deceased
employee.
4 FAM 484.7 Tort Claims
(CT:FIN-405; 07-07-2010)
A post, bureau, or office that is presented with
administrative tort claims should refer to 2 FAM 281 and 28
CFR Part 14 for the procedures for submitting and processing such claims.
4 FAM 485 GENERAL AVERAGE CONTRIBUTION
(GAC) CLAIMS
(CT:FIN-427; 07-23-2013)
a. Under certain circumstances, claims for General
Average Contribution (GAC) connected with the transportation of baggage,
household goods, and effects of civilian employees may also be paid from
appropriated funds. (See 5 U.S.C. 5732, General
Average Contribution.)
b. When a GAC claim involves an employees household
goods, such claim is levied directly against the employee, who may be held
financially responsible. If such household goods were not insured by a service
floater policy provided by the carrier, the employee is required to post a bond
or make a direct payment to the marine adjuster. Subject to the limitations in
14 FAM 600, the employee may claim reimbursement from the U.S. Government.
4 FAM 485.1 Vouchering Procedures
(CT:FIN-427; 07-23-2013)
a. GAC claims are documented and submitted to the
Office of Claims (CGFS/F/C). Claims for
transportation of government-owned property may be paid from appropriated
funds. GAC claims connected with the transportation of baggage, household
goods, and effects of civilian employees may also be paid from appropriated
funds, under certain circumstances:
(1) GAC claims are documented on Form SF-1034, Public
Voucher for Purchases and Services Other Than Personal, or Form DS-2076,
Purchase Order, Receiving Report and Voucher (use this form in foreign
countries);
(2) The voucher includes all pertinent information,
including the disbursing office voucher number and the name of the United
States disbursing officer (USDO) who processed the payment of ocean shipping
charges;
(3) The post certifying officer is not required to
sign the claim form covering the GAC claim; and
(4) The Office of Logistics Operations (A/LM/OPS)
receives all GAC claims for completion.
b. For a claim related to the transportation of
household goods (see 14 FAM 640), the
employee attaches the following documents and forwards them to A/LM/OPS:
(1) The marine adjusters published report, statement
of facts, and general-average bill or invoice;
(2) A copy of the employees travel order or other
document authorizing shipment of the employees household goods;
(3) A copy of the government or commercial bill of
lading;
(4) A brief statement of the circumstances of the loss
and the claim. If the shipment was on a foreign-flag vessel, include a
statement as to the reason and authority for using the foreign-flag vessel
signed by the U.S. Despatch Agent, post, or bureau management officer;
(5) A signed statement by the employee that contains
the following information:
(a) Whether the shipment was insured by a service
floater policy at the time of shipment or during shipment in which the loss or
damage occurred;
(b) Whether an unusual means or indirect routing of the
ocean shipment was selected by the employee for the employees own convenience;
and
(c) The true declared value of the effects as stated by
the employee as being the actual value, taking into consideration depreciation,
wear and tear, etc.; and
(6) A claim for reimbursement of monies paid by the
employee. The claimant must furnish the marine adjusters signed receipt
marked paid as proof of payment.
c. For a claim related to the transportation of
general supplies and equipment (see 14 FAM 310), the
employee attaches the following documents and forwards them to A/LM/OPS:
(1) The marine adjusters published report, statement
of facts, and general-average bill or invoice;
(2) A copy of the government or commercial bill of
lading; and
(3) A brief statement of the circumstances of the loss
and the claim. If the shipment was on a foreign-flag vessel, include a statement
as to the reason and authority for using the foreign-flag vessel signed by the
U.S. Despatch Agent, post, or bureau management officer.
4 FAM 485.2 Disposition of Claims
(CT:FIN-405; 07-07-2010)
a. GAC claims arising under Government or commercial bills
of lading are settled administratively by the agency concerned unless questions
of law or fact exist (which will be referred to the Office of the Legal Adviser
(L)). All GAC claims will be submitted to the Department or agency concerned
for settlement, with the exception of claims involving excess shipments, for
which the employee may submit a claim directly to the insurer.
b. The post management officer or U.S. Despatch Agent
is responsible for ensuring that the claim is properly documented and that all
supporting documents are attached or enclosed with the voucher. The claim and
supporting documents are transmitted to A/LM/OPS by memorandum or the agency
concerned by transmittal letter.
4 FAM 485.3 Payments of Claims
(CT:FIN-427; 07-23-2013)
a. After A/LM/OPS processes the claim, A/LM/OPS sends
the claim to CGFS/F/C. CGFS/F/C reviews and if appropriate, approves
GAC claims for payment.
b. Claims payable in local currency from a current
appropriation are approved by the Department on Form SF-1034 or Form DS-2076.
4 FAM 486 THROUGH 489 UNASSIGNED