Appeals to MSPB. Except as noted in this paragraph, an individual or agency whose rights or interests under the Civil Service Retirement System (Subchapter III of chapter 83, title 5, United States Code) are affected by a final decision of the representative of the Associate Director for Compensation, Office of Personnel Management, may request the Merit Systems Protection Board to review such decision in accord with procedures prescribed by the Board. Decisions of OPM and the Associate Director for Compensation made in accord with the procedures referenced in § 831.109(b)(1) are made under subchapter II of chapter 83, title 5, United States Code. Such decisions are not appealable to the Merit Systems Protection Board under 5 U.S.C. 8347(d).
[44 FR 37890, June 29, 1979, as amended at 45 FR 23633, Apr. 8, 1980; 48 FR 38784, Aug. 26, 1983]
Notes of Decisions
Rodriguez v. United States, 852 F.3d 67 (1st Cir. 2017).
“16 See 5 C.F.R. §§ 831.110 , 841.308. A final decision by OPM is a written decision that is either designated as final by OPM, see id.”
Albert D. Lancellotti v. Off. of Pers. Mgmt., 704 F.2d 91 (3rd Cir. 1983).
“IV 1980) and 5 C.F.R. § 831.110 (1981). By letter dated April 22, 1981, petitioner filed with the MSPB a notice of appeal from OPM’s determination.”
Malone v. Merit Sys. Prot. Bd., 590 F. App'x 1002 (Fed. Cir. 2015).
“Office of Personnel Management” “affecting the rights or interests of an individual_”' 5 C.F.R. § 831.110 ; 5 U.S.C. § 8347 (d)(1).”
Havrilla v. Merit Sys. Prot. Bd., 582 F. App'x 881 (Fed. Cir. 2014).
· cites it 2× “§§ 8347 (d), 8461(e); 5 C.F.R. §§ 831.110 , 841.308. Absent an OPM final or reconsideration decision, the MSPB lacks jurisdiction to review an appellant’s retirement claims.”
George P. Edgerton v. Merit Sys. Prot. Bd., 768 F.2d 1314 (Fed. Cir. 1985).
“See also 5 C.F.R. § 831.110 . An involuntary separation is ordinarily an adverse action or an ostensibly voluntary separation that was actually the same as an adverse action because coerced.”
Ghannam v. Merit Sys. Prot. Bd., 527 F. App'x 862 (Fed. Cir. 2013).
“” 5 C.F.R. § 831.110 . OPM’s regulations describe two types of appealable decisions: (1) After reconsideration, the Associate Director’s representative shall issue a final decision which shall be in writing, shall fully set forth the findings and conclusions of the…”
Dominado v. Merit Sys. Prot. Bd., 641 F. App'x 1001 (Fed. Cir. 2016).
“§ 8461 (e)(1); 5 C.F.R. § 831.110 . Ordinarily, this means the MPSB can assume jurisdiction over a CSRS appeal only after OPM has issued a “final decision,” e.”
Wiley v. Merit Sys. Prot. Bd., 406 F. App'x 488 (Fed. Cir. 2011).
· cites it 2× “§ 8347 (d)(1) and 5 C.F.R. § 831.110 ,” Initial Decision, slip op.”
Kenneth M. Lee v. Off. of Pers. Mgmt. (MSPB 2016).
· cites it 3× “§ 8347 (d); 5 C.F.R. § 831.110 . 4 However, the Board will take jurisdiction over an appeal concerning a retirement matter in which OPM has refused or improperly failed to issue a final decision.”
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