(a) Deposits made to agencies, the Clerk of the House of Representatives or the Secretary of the Senate.
(1) Deposits made to agencies, the Clerk of the House of Representatives or the Secretary of the Senate shall be collected in full in one lump sum whenever this is possible. Notwithstanding the provisions of paragraph (a)(2) of this section, a separated employee who, through administrative error, did not make or complete the deposit prior to his or her separation must complete the deposit in a lump sum within the time limit set by OPM when it rules that an administrative error has been made.
(2) If the employee or Member cannot make payment in a lump sum, the agency, the Clerk of the House of Representatives, or the Secretary of the Senate shall accept installment payments (by allotments or otherwise). However, agencies, the Clerk of the House of Representatives, and the Secretary of the Senate will not be required to accept individual checks in amounts of less than $50.
(3) If the employee or Member dies, the employing agency, the Clerk of the House of Representatives or the Secretary of the Senate shall advise the survivor of the right to make or complete a deposit. If the survivor decides to make or complete the payment, the agency, the Clerk of the House of Representatives, or the Secretary of the Senate shall collect the amount due in one lump sum.
(4) Payments received by the employing agency, the Clerk of the House of Representatives, or the Secretary of the Senate shall be remitted immediately to OPM for deposit to the Fund.
(5) Once the employee's, Member's, or survivor's deposit has been paid in full or closed out, the employing agency, the Clerk of the House of Representatives, or the Secretary of the Senate shall submit documentation pertaining to the deposit to OPM, in accordance with instructions published by OPM issuances.
(6) Deposits must be made for full periods of service.
(b) Deposits made to OPM.
(1) Deposits made to OPM shall be made in a lump sum prior to final adjudication of the application for retirement or survivor benefits.
(2) Deposits must be made for full periods of service.
(c)(1) When an administrative error occurs by the employing agency in calculating or processing a military service deposit, interest assessed as a result of the administrative error may be paid by the agency, the Clerk of the House of Representatives, or the Secretary of the Senate on behalf of the employee. The agency, Clerk of the House of Representatives, or the Secretary of the Senate will determine if administrative error occurred.
(2) When an administrative error occurs by OPM in calculating or processing a military service deposit, interest assessed as a result of the administrative error may be paid by OPM on behalf of the employee. OPM will determine if administrative error occurred. Any payment of additional interest of behalf of the employee is paid from the Civil Service Retirement and Disability Fund.
[48 FR 38788, Aug. 26, 1983, as amended at 49 FR 20631, May 16, 1984; 66 FR 66711, Dec. 27, 2001; 86 FR 20437, Apr. 20, 2021]
Notes of Decisions
McCrary v. Off. of Pers. Mgmt., 459 F.3d 1344 (Fed. Cir. 2006).
· cites it 3× “Because the Board’s decision is both arbitrary and not supported by substantial evidence, we reverse the decision on waiver and remand to the Board with instructions to set a time limit under 5 C.F.R. § 831.2107 (a)(1) (2006), before which McCrary may make a deposit of the…”
Mynard v. Off. of Pers. Mgmt., 348 F. App'x 582 (Fed. Cir. 2009).
“That order provided, in relevant part: I ORDER OPM to set a time limit under 5 C.F.R. § 831.2107 (a)(1), before which the appellant may make the deposit for his military service to his former employing agency.”
Marcus Sparks v. Off. of Pers. Mgmt. (MSPB 2022).
· cites it 3× “205 , ¶ 6; 5 C.F.R. § 831.2107 (a)(1). ¶6 In his initial decision, the administrative judge found that the OPM Form 1515 that the appellant signed provided him with adequate information regarding his military deposit and the consequences of not paying it.”
Comacho v. Off. of Pers. Mgmt., 356 F. App'x 400 (Fed. Cir. 2009).
· cites it 4× “2104 (a)); see also 5 C.F.R. § 831.2107 . However, OPM will extend the deadline if it determines that “an administrative error has occurred such that an employee has not been given proper notice or opportunity to make the deposit before separation.”
Richard A. Rockwood v. Off. of Pers. Mgmt. (MSPB 2016).
· cites it 2× “205 , ¶ 6; 5 C.F.R. § 831.2107 (a)(1). The Board has found administrative error where the agency provides material misinformation regarding the deposit or the consequences of failing to make the deposit to the employee prior to his separation.”
William Chupko v. Off. of Pers. Mgmt. (MSPB 2023).
“2005); 5 C.F.R. § 831.2107 (a)(1). ¶7 For the following reasons, we agree with the administrative judge’s finding that the appellant did not prove by preponderant evidence that OPM or his former employing agency committed administrative error that caused his failure to make a…”
Gracie Smith-White v. Off. of Pers. Mgmt. (MSPB 2023).
“5 C.F.R. § 831.2107 (a)(1). The Board may find administrative error and waive the deposit deadline when: (1) the appellant shows that she relied on misinformation in electing not to make the deposit; (2) an application package contains obvious errors or internal inconsistencies…”
William H Egan v. Off. of Pers. Mgmt. (MSPB 2024).
“Cir 2005); 5 C.F.R. § 831.2107 (a)(1). 3 The Board has found administrative error in the following situations: (1) when the employee can show that he relied on misinformation in electing not to make the deposit; (2) when an application package contains obvious errors or internal…”
Nielsen v. Dep't of the Interior, 198 F. App'x 953 (Fed. Cir. 2006).
“2006) (“[W]e hold that when an employee, at the time of an election, asks for information regarding the amount of the military deposit or the consequences of fading to make the deposit, the government commits administrative error under 5 C.F.R. § 831.2107 (a)(1) if its response…”
— 5 C.F.R. § 831.2107(a)(1) — 1 case
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