[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR180.107]

[Page 44-46]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 180--EMPLOYEES' PERSONAL PROPERTY CLAIMS--Table of Contents
 
Sec. 180.107  Claims procedure.

    (a) Filing a claim. Claims not exceeding $500 shall be filed with 
the appropriate bureau or regional director. Claims in excess of $500 
shall be filed with the Office of the General Counsel, Office of 
Personnel Management, 1900 E Street NW., Washington, DC 20415. Claims 
shall be in writing, using G.C. Form 33 when available, and shall 
contain as a minimum:
    (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. A single claim shall be presented for all lost or 
damaged property resulting from the same incident. If this procedure 
causes a hardship, the claimant may present an initial claim with notice 
that it is a partial claim, an explanation of the circumstances causing 
the hardship, and an estimate of the balance of the claim and the date 
it will be submitted. Payment may be made on a partial claim if the 
approving authority determines that a genuine hardship exists.
    (c) Claims investigator. When a claim is filed, the appropriate 
associate or regional director, or the General Counsel, shall appoint a 
claims investigator to evaluate the claim and make a recommendation as 
to its disposition. Where the cost to repair damaged property does not 
exceed $100 per item and the claims investigator has inspected the 
damaged property, the claimant and the approving authority may agree 
upon a reasonable amount to be

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claimed for repair of an individual item in lieu of an independent 
estimate by a qualified repairman. In such a case, the claims 
investigator and the approving authority will certify that the property 
has been examined and that the amount claimed is a reasonable allowance 
for the cost of the repairs.
    (d) Loss in quarters. Claims for property loss in quarters or other 
authorized places should be accompanied by a statement indicating:
    (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. Claims for property loss by theft or 
robbery should be accompanied by a statement indicating:
    (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. Claims for transportation losses should 
be accompanied by the following:
    (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. Claims for property losses due to 
marine or aircraft disaster should be accompanied by a copy of orders or 
other evidence to establish the claimant's right to be, or to have 
property, on board.
    (h) Enemy action, public disaster, or public service. Claims for 
property losses due to enemy action, public disaster, or public service 
should be accompanied by:
    (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 Sec. 180.104(c)(8).
    (i) Property used for benefit of Government. Claims for property 
loss when the property was used for the benefit of the Government should 
be accompanied by:
    (1) A statement from the proper authority that the property was 
supplied by the claimant in the performance of

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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. Claims for loss of money deposited for safekeeping, 
transmittal, or other authorized disposition, should be accompanied by:
    (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. Claims for damage to motor vehicles 
in transit should be accompanied by a copy of orders or other available 
evidence to establish the claimant's lawful right to have the property 
shipped and evidence to establish damage in transit.

[43 FR 47163, Oct. 13, 1978, as amended at 44 FR 76747, Dec. 28, 1979]