(a) The mandatory separation provisions of 5 U.S.C. 8335(b) apply to all law enforcement officers and firefighters in primary and secondary positions. A mandatory separation under section 8335(b) is not an adverse action under part 752 of this chapter or a removal action under part 359 of this chapter. Section 831.502 provides the procedures for requesting an exemption from mandatory separation.
(b) In the event an employee is separated mandatorily under 5 U.S.C. 8335(b), or is separated for optional retirement under 5 U.S.C. 8336(c), and OPM finds that all or part of the minimum service required for entitlement to immediate annuity was in a position which did not meet the requirements of a primary or secondary position and the conditions set forth in this subpart, such separation will be considered erroneous.
[58 FR 64367, Dec. 7, 1993, as amended at 66 FR 38524, July 25, 2001]
Notes of Decisions
Buckley v. United States, 57 Fed. Cl. 328 (Fed. Cl. 2003).
· cites it 13× “” 5 C.F.R. § 831.908 (b) (1993). Although not required thereafter, the agency seems to have submitted an advisory opinion on Mr.”
Crowley v. United States, 53 Fed. Cl. 737 (Fed. Cl. 2002).
· cites it 13× “” 5 C.F.R. § 831.908 (b) (1993). Coverage “in a position or credit for service will not be granted for a period greater than 1 year prior to the date that the request from an individual is received by the employing agency ____” 5 C.”
Lengerich v. Dep't of the Interior, 454 F.3d 1367 (Fed. Cir. 2006).
· cites it 4× “5 C.F.R. § 831.908 (e) (1988). That provision also specified that “[ajfter September 30, 1989, coverage in a position or credit for service will not be granted for a period greater than one year prior to the date that the request from an individual is received by the employing…”
Buckley v. United States, 51 Fed. Cl. 174 (Fed. Cl. 2001).
· cites it 12× “” 5 C.F.R. § 831.908 (b) (1993). Although not required thereafter, the agency seems to have submitted an advisory opinion on Mr.”
Stearn v. Dep't of the Navy, 280 F.3d 1376 (Fed. Cir. 2002).
· cites it 2× “17, 1987) (codified at 5 C.F.R. § 831.908 ). This September 30, 1989 deadline was removed from the regulation once the date had passed.”
Norman H. Henry v. Dep't of Just., 157 F.3d 863 (Fed. Cir. 1998).
“See 5 C.F.R. § 831.908 (e) (1989). And—more than seven years before that date—the INS received Henry’s letter.”
Crowley v. United States, 56 Fed. Cl. 291 (Fed. Cl. 2003).
“Before 1994, this regulation was in 5 C.F.R. § 831.908 (b) (1993).”
Mitchell v. Dep't of the Interior, 33 F. App'x 507 (Fed. Cir. 2002).
· cites it 3× “See 5 C.F.R. § 831.908 (e) (1989). The regulations further specified that requests for coverage received after September 30, 1989, would be limited to back service credit for only one year prior to the requesting date unless it can be shown that the employee was prevented from…”
Bartlett v. Dep't of the Interior, 51 F. App'x 307 (Fed. Cir. 2002).
· cites it 4× “The agency denied the appellant’s request for coverage for the years prior to May 11, 1998, as untimely filed, under the deadlines mandated by 5 C.F.R. § 831.908 (e) (1989) and 5 C.F.R § 831.”
— 5 C.F.R. § 831.908(a) — 3 cases
Buckley v. United States, 57 Fed. Cl. 328 (Fed. Cl. 2003).
“” 5 C.F.R. § 831.908 (b) (1993). Although not required thereafter, the agency seems to have submitted an advisory opinion on Mr.”
Crowley v. United States, 53 Fed. Cl. 737 (Fed. Cl. 2002).
“” 5 C.F.R. § 831.908 (b) (1993). Coverage “in a position or credit for service will not be granted for a period greater than 1 year prior to the date that the request from an individual is received by the employing agency ____” 5 C.”
Buckley v. United States, 51 Fed. Cl. 174 (Fed. Cl. 2001).
“” 5 C.F.R. § 831.908 (b) (1993). Although not required thereafter, the agency seems to have submitted an advisory opinion on Mr.”
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