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. § 839.1303

Are there any types of decisions that I cannot appeal?

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Yes, OPM's decisions under subpart L (Discretionary Actions by OPM) are final and conclusive and are not subject to administrative or judicial review.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2016–2024 · leading case: Clifford S. Nasdahl v. Off. of Pers. Mgmt. (MSPB 2016).
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Clifford S. Nasdahl v. Off. of Pers. Mgmt. (MSPB 2016). “at 4-6 ; 5 C.F.R. § 839.1303 (OPM decisions under 5 C.”
Clifford S. Nasdahl v. Off. of Pers. Mgmt. (MSPB 2016). “at 4-6 ; 5 C.F.R. § 839.1303 (OPM decisions under 5 C.”
Kenneth Day v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. § 839.1303 ; ID at 3-5. The administrative judge then found that OPM’s final decision of July 3, 2019, declining to waive interest on the redeposit amount, was a discretionary decision to not compensate the appellant for a monetary loss proximately resulting from a…”
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