C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT › Subpart M—Appeal Rights

5 C.F.R. § 839.1301

What if my employer determines my error is not subject to these rules?

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(a) Your employer must provide you with a written decision. The decision must include the reason for the decision, and notice of your right to appeal the decision to the MSPB.

(b) If your employer determines that it cannot waive the time limit for making an election under § 839.612, the decision must inform you of your right to ask OPM to review the decision. OPM will advise you in writing of your appeal rights following its review of your employer's decision.

Notes of Decisions
Cited in 2 cases, 2014–2014 · leading case: Adrienne Curry v. Dep't of Vets. Affairs (MSPB 2014).
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Adrienne Curry v. Dep't of Vets. Affairs (MSPB 2014). “See 5 C.F.R. § 839.1301 . NOTICE TO THE APPELLANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request review of this final decision by the United States Court of Appeals for the Federal Circuit.”
Adrienne Curry v. Dep't of Vets. Affairs (MSPB 2014). “See 5 C.F.R. § 839.1301 . NOTICE TO THE APPELLANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request review of this final decision by the United States Court of Appeals for the Federal Circuit.”
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