C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 831—RETIREMENT › Subpart I—Law Enforcement Officers and Firefighters

5 C.F.R. § 831.910

Review of decisions

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(a) The final decision of an agency head or OPM issued to an employee, former employee, or survivor as the result of a request for determination filed under § 831.906 may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.

(b) The final decision of an agency head that a break in service referred to in § 831.904(a)(2) did not begin with an involuntary separation within the meaning of 5 U.S.C. 8336(d)(1) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.

[66 FR 38524, July 25, 2001]
Notes of Decisions
Cited in 4 cases, 1997–2015 · leading case: Franklynn A. Elias v. Dep't of Def., 114 F.3d 1164 (Fed. Cir. 1997).
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Franklynn A. Elias v. Dep't of Def., 114 F.3d 1164 (Fed. Cir. 1997). “5 C.F.R. § 831.910 , titled “Review of decisions,” provides: *1167 The following decisions may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board: (a) The final decision of an agency head or OPM issued to an employee, former employee, or…”
Michael R. Jones v. Dep't of Agric. (MSPB 2014). “¶7 Under 5 C.F.R. § 831.910 , the final decision of an agency head issued under CSRS on a request for law enforcement officer/firefighter treatment may be appealed to the Board.”
Jones v. Merit Sys. Prot. Bd., 621 F. App'x 626 (Fed. Cir. 2015). “At the same time, pursuant to 5 C.F.R. § 831.910 , an employee may appeal to the Board from a final decision of an agency head or OPM concerning a request by the employee for a determination of the eligibility of the employee’s service for law enforcement officer/firefighter…”
Canoles v. Dep't of the Air Force, 34 F. App'x 679 (Fed. Cir. 2002). “In particular, the administrative judge held that 5 C.F.R. § 831.910 does not grant the Board jurisdiction over an agency initiated determination regarding firefighter retirement service credit.”
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