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. § 841.308

Appeals to MSPB

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Except as noted in this paragraph, an individual whose rights or interests under FERS are affected by a final decision of OPM may request MSPB to review the decision in accord with procedures prescribed by MSPB. Decisions made in accord with the procedures referenced in § 841.306(b)(1) are made under subchapter II of chapter 83, title 5, United States Code. Such decisions are not appealable to MSPB under section 8461(e) of title 5, United States Code.

Notes of Decisions
Cited in 61 cases (45 in the last 5 years), 1998–2026 · leading case: Shawn M. Drago v. Off. of Pers. Mgmt. (MSPB 2016).
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Shawn M. Drago v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 3× “§ 8461 (e)(1) and 5 C.F.R. § 841.308 , which authorize Board appeals from final decisions of OPM affecting rights and interests under FERS, but are otherwise substantively identical to the cited provisions.”
Kevin Jarrett v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “5 C.F.R. § 841.308 . An appealable OPM decision may take the form of a final decision on reconsideration of an initial determination or a final decision without the opportunity for reconsideration.”
Mark A. Staples v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 2× “§ 8461 (e); 5 C.F.R. § 841.308 ; see Okello v. Office of Personnel Management, 120 M.”
Henderson v. MSPB (Fed. Cir. 2021). · cites it 2× “§ 8461 (e)(1) and 5 C.F.R. §§ 841.308 , 1201.56(a)(2)(i). SAppx2.”
Henderson v. MSPB (Fed. Cir. 2021). · cites it 2× “§ 8461 (e)(1) and 5 C.F.R. §§ 841.308 , 1201.56(a)(2)(i). SAppx2.”
Fleming v. MSPB (Fed. Cir. 2022). · cites it 2× “See 5 C.F.R. § 841.308 (“[A]n individual whose rights or interests under FERS are affected by a fi- nal decision of OPM may request MSPB to review the deci- sion .”
Fleming v. MSPB (Fed. Cir. 2022). · cites it 2× “See 5 C.F.R. § 841.308 (“[A]n individual whose rights or interests under FERS are affected by a fi- nal decision of OPM may request MSPB to review the deci- sion .”
Wilfredo Romero v. Off. of Pers. Mgmt. (MSPB 2023). · cites it 2× “193 , ¶ 5 (2004); 5 C.F.R. § 841.308 . The Board also has jurisdiction over an individual’s employing agency’s decision affecting his rights or interests under FERS.”
Orlanthia Gunn v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “498 , ¶¶ 13-14 (2014); 5 C.F.R. § 841.308 . The appellant attached to her petition for review an explanation from OPM of her annuity calculation, but there is no indication that this constituted OPM’s final decision.”
John J. Smith v. Off. of Pers. Mgmt. (MSPB 2016).
Janet Mendez v. Off. of Pers. Mgmt. (MSPB 2016).
Rigoberto Rodriguez v. Off. of Pers. Mgmt. (MSPB 2016).
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