C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 841—FEDERAL EMPLOYEES RETIREMENT SYSTEM—GENERAL ADMINISTRATION › Subpart C—Claims Processing

5 C.F.R. § 841.305

Decisions subject to reconsideration

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(a) A OPM decision under FERS is subject to reconsideration by OPM, whenever the decision is in writing and states the right to reconsideration.

(b) OPM will reconsider a decision subject to reconsideration under § 841.306. A decision subject to reconsideration is not subject to appeal under § 841.308.

Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 1998–2026 · leading case: Ramiro Gonzalez v. Off. of Pers. Mgmt. (MSPB 2024).
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Ramiro Gonzalez v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “See 5 C.F.R. §§ 841.305 -.308; see also Okello v.”
Joseph v. MSPB (Fed. Cir. 2019). “5 C.F.R. § 841.305 (b). 3 We are aware that the MSPB has previously held that jurisdiction existed where OPM “has refused or im- properly failed to issue a final decision” such as failing to issue a decision within a reasonable time.”
McCarthy v. United States (Fed. Cl. 2022). “§ 8461 (e)(1); 5 C.F.R. § 841.305 . A decision by the MSPB is then subject to judicial review by the United States Court of Appeals.”
Kathleen Butera v. Off. of Pers. Mgmt. (MSPB 2024). “2; 5 C.F.R. § 841.305 . 2 At the time the administrative judge issued his initial decision dismissing the appeal for lack of jurisdiction, there was no evidence that the appellant had requested reconsideration or that OPM had issued a final decision.”
Veletta Coleman v. Off. of Pers. Mgmt. (MSPB 2024). “See 5 C.F.R. §§ 841.305 -.307. However, in either case, if the appellant is dissatisfied with OPM’s final decision or if OPM fails to issue an appealable final decision within 90 days of the date of this order, the appellant may file a new Board appeal with the appropriate…”
Tafoya Sutton v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. §§ 841.305 (a), 841.306(a), (e).”
Theresa M. Garner v. Off. of Pers. Mgmt. (MSPB 2026). “5 C.F.R. §§ 841.305 (a), 841.306(a), (e).”
Gifford v. United States Postal Serv., 6 F. Supp. 2d 135 (D. Conn. 1998). “304 , requesting reconsideration of OPM decisions, 5 C.F.R. §§ 841.305 -.307, and appealing final OPM decisions to the MSPB, 5 C.”
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