5 C.F.R. § 831.2104
Eligibility to make deposit
The following individuals may make deposit for any full period of service performed before the separation on which title to civil service annuity is based:
(a) An employee or Member currently occupying a position subject to subchapter III of chapter 83 of title 5, United States Code, and the survivor(s) of such an employee or Member who dies in service (including a person who was eligible to make a deposit under this paragraph but who failed to make the deposit before separation from service due to administrative error); and
(b) A former employee or Member who was separated with title to an annuity or who retired from a position subject to subchapter III of chapter 83 of title 5, United States Code, after September 8, 1982, and before October 1, 1983, and the survivor(s) of such an employee or Member.
Notes of Decisions
Cited in 20
cases (7 in the last 5 years), 1995–2024 · leading case: Bennie Collins v. Off. of Pers. Mgmt., 45 F.3d 1569 (Fed. Cir. 1995).
Bennie Collins v. Off. of Pers. Mgmt., 45 F.3d 1569 (Fed. Cir. 1995). “” 5 C.F.R. §§ 831.2104 (b), 831.2107(b)(1) (1988).”
Dela Rosa v. Off. of Pers. Mgmt., 583 F.3d 762 (Fed. Cir. 2009). “Dela Rosa’s argument that OPM regulations, specifically 5 C.F.R. § 831.2104 (b), allow him to make a deposit, noting that this regulation covers military service, not civilian service, and that Mr.”
Grant v. Off. of Pers. Mgmt., 126 F. App'x 945 (Fed. Cir. 2005). “Specifically, under 5 C.F.R. § 831.2104 (a), employees currently employed in federal service, and “a person who was eligible .”
Esposo v. Off. of Pers. Mgmt., 321 F. App'x 961 (Fed. Cir. 2009). “Esposo’s assertion that 5 C.F.R. § 831.2104 (b) permits her to make a CSRS deposit.”
Joseph Wible v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. § 831.2104 (a) (requiring employees who retire on or after October 1, 1983, to make deposits before their separations from service upon which their claims to their annuities are based).”
Michael Burgess v. Off. of Pers. Mgmt. (MSPB 2022). “334 , ¶ 14 (2007); 5 C.F.R. § 831.2104 (a). If he failed to make such a deposit, OPM was required to recalculate his annuity payments when he first became eligible for Social Security benefits, to exclude credit for his post-1956 service.”
Leo Crawford v. Off. of Pers. Mgmt. (MSPB 2014). “5 C.F.R. § 831.2104 (a). The Board will order OPM to allow an individual to make a post-separation deposit for post-1956 military service only if he shows that OPM or the employing agency committed administrative error in the processing of his application and that his failure to…”
Leo Crawford v. Off. of Pers. Mgmt. (MSPB 2014). “5 C.F.R. § 831.2104 (a). The Board will order OPM to allow an individual to make a post-separation deposit for post-1956 military service only if he shows that OPM or the employing agency committed administrative error in the processing of his application and that his failure to…”
Richard A. Rockwood v. Off. of Pers. Mgmt. (MSPB 2016). “205 , ¶ 6; 5 C.F.R. § 831.2104 . The Board will order OPM to permit a post-separation deposit, however, if there was administrative error by the individual’s employing agency or OPM and the annuitant’s failure to make the deposit prior to retirement was the product of that…”
Ronald Clark v. Off. of Pers. Mgmt. (MSPB 2023). “1995); 5 C.F.R. §§ 831.2104 (b), 831.2107(b). If the individual fails to make such a deposit, OPM must recalculate the annuity payments whe n he first becomes eligible for OASI benefits to exclude service credit for his post-1956 military service.”
Marcus Sparks v. Off. of Pers. Mgmt. (MSPB 2022). “205 , ¶ 6; 5 C.F.R. § 831.2104 . However, the Board will order OPM to permit a post-separation deposit if there was administrative error by the individual’s employing agency or OPM and the failure to make the deposit prior to retirement was the product of that administrative…”
William Chupko v. Off. of Pers. Mgmt. (MSPB 2023). “204 , ¶ 6; 5 C.F.R. § 831.2104 . The Board will order OPM to permit a post-separation deposit, however, if there was administrative error by the individual’s employing agency or OPM, and the failure to make the deposit prior to retirement was the product of the administrative…”
— 5 C.F.R. § 831.2104(a) — 1 case
Bennie Collins v. Off. of Pers. Mgmt., 45 F.3d 1569 (Fed. Cir. 1995). “” 5 C.F.R. §§ 831.2104 (b), 831.2107(b)(1) (1988).”
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