5 C.F.R. § 831.103
Evidence
(a) Standard Form 2806 (Individual Retirement Record) is the basic record for action on all claims for annuity or refund, and those pertaining to deceased employees, deceased Members, or deceased annuitants.
(b) When the records of the department or agency concerned are lost, destroyed, or incomplete, the department or agency shall request the General Accounting Office, through OPM, to furnish the data that it considers necessary for a proper determination of the rights of the claimant. When an official record cannot develop the required information, the department, agency, or OPM should request inferior or secondary evidence which is then admissible.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 2002–2024 · leading case: Grover v. Off. of Pers. Mgmt., 828 F.3d 1378 (Fed. Cir. 2016).
Grover v. Off. of Pers. Mgmt., 828 F.3d 1378 (Fed. Cir. 2016). “It did so in accord with its general practice under an OPM regulation, 5 C.F.R. § 831.103 , which states: (a) Standard Form 2806 (Individual Retirement Record) is the basic record for action on all claims for annuity or refund, and those pertaining to deceased employees,…”
Thomas v. Off. of Pers. Mgmt., 350 F. App'x 448 (Fed. Cir. 2009). “The AJ noted that, under 5 C.F.R. § 831.103 (a) (2005), the IRR “is the basic record for action on all claims for annuity or refund.”
Rainone v. Off. of Pers. Mgmt., 249 F. App'x 823 (Fed. Cir. 2007). “” 5 C.F.R. § 831.103 (a). Subsection (b) of that regulation states that, “[w]hen an official record cannot develop the required information, the department, agency, or OPM should request inferior or secondary evidence which is then admissible.”
Lee v. Off. of Pers. Mgmt., 301 F. App'x 926 (Fed. Cir. 2008). “103, which provides: (a) Standard Form 2806 (Individual Retirement Record) is the basic record for action on all claims for annuity or refund, and those pertaining to deceased employees, deceased Members, or deceased annuitants.”
Coggins v. Opm (Fed. Cir. 2024). “” 5 C.F.R. § 831.103 (a). We have not determined the extent of OPM’s obligations to determine the correctness of the dates in an IRR, but we have held that “[f]urther inquiry” by the Board into the accuracy of an IRR “is required” in cases where an employee’s IRR contains…”
Chambers v. Off. of Pers. Mgmt., 221 F. App'x 987 (Fed. Cir. 2007). “5 C.F.R. § 831.103 (a). Pursuant to this statutory and regulatory scheme, OPM determined from Chambers’ IRR that his largest three-year span of basic pay occurred in 1996, 1997, and 1998, resulting in an average of $35,478.”
Hanna v. Off. of Pers. Mgmt., 53 F. App'x 103 (Fed. Cir. 2002). “See 5 C.F.R. § 831.103 (a) (2002) (stating that the Individual Retirement Record is the basic record for action on all claims for annuity or refund).”
Silbar v. Off. of Pers. Mgmt., 89 F. App'x 692 (Fed. Cir. 2003). “The AJ was correct in not crediting these unsubstantiated forms over Silbar’s Individual Retirement Records, Standard Form 2806, the “basic record for action or all claims for annuity,” 5 C.F.R. § 831.103 (a). Silbar’s contention that she should be awarded credit for her…”
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