5 C.F.R. § 839.1302
What types of decisions can I appeal?
(a) You can appeal to the MSPB a decision that affects your rights and interests under this part, except an OPM decision under subpart L (see § 839.1303). Some examples of decisions are:
(1) Your employer's determination that your error is not subject to these rules;
(2) Your employer's determination that you are not eligible to elect retirement coverage under these rules; and
(3) OPM's denial of your request for a waiver of the time limit for making an election.
(b) You may not seek review of a decision under any employee grievance procedures, including those established by chapter 71 of title 5, United States Code, and 5 CFR part 771.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2015–2026 · leading case: Verna Lewis v. United States Postal Serv. (MSPB 2015).
Verna Lewis v. United States Postal Serv. (MSPB 2015). “¶6 The appellant has filed a petition for review in which she asserts, inter alia, that the administrative judge erred in dismissing her FERCCA claim for lack of jurisdiction because OPM’s decision informing her that she was correctly placed in FERS affected her rights under…”
Verna Lewis v. United States Postal Serv. (MSPB 2016). “5 C.F.R. § 839.1302 (a). ¶10 We agree with the administrative judge that the appellant has not shown that she was subject to a qualifying retirement coverage error.”
Clifford S. Nasdahl v. Off. of Pers. Mgmt. (MSPB 2016). “5 C.F.R. §§ 839.1302 -.1303 (claimants may appeal OPM FERCCA decisions except an OPM decision under subpart L).”
Clifford S. Nasdahl v. Off. of Pers. Mgmt. (MSPB 2016). “5 C.F.R. §§ 839.1302 -.1303 (claimants may appeal OPM FERCCA decisions except an OPM decision under subpart L).”
Alphonso Brown v. Off. of Pers. Mgmt. (MSPB 2023). “See 5 C.F.R. § 839.1302 (a) (limiting the 2 The appellant alleges that OPM violated his due process rights by failing to communicate with him regarding the correction of his placement in CSRS Offset.”
Kenneth Day v. Off. of Pers. Mgmt. (MSPB 2024). “He found that, while certain actions taken under FERCCA may be appealed to the Board, 5 C.F.R. § 839.1302 (a), other actions taken by OPM are considered to be discretionary, 5 C.”
Ann Pennington v. Dep't of the Treasury (MSPB 2026). “§ 8331 , see 5 C.F.R. § 839.1302 , but find that the appellant failed to state a claim for which relief can be granted.”
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