5 C.F.R. § 842.807
Review of decisions
(a) The final decision of an agency head denying an individual's request for approval of a position as a rigorous, secondary, or air traffic controller position made under § 842.804(c) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.
(b) The final decision of an agency head denying an individual coverage while serving in an approved secondary position because of failure to meet the conditions in § 842.803(b) may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.
Notes of Decisions
Cited in 12
cases (6 in the last 5 years), 1996–2025 · leading case: Poillucci v. Dep't of Just., 459 F.3d 1351 (Fed. Cir. 2006).
Poillucci v. Dep't of Just., 459 F.3d 1351 (Fed. Cir. 2006). “Pursuant to 5 C.F.R. § 842.807 (a), Mr. Poillucci appealed to the Merit Systems Protection Board from that decision.”
Bingaman v. Dep't of the Treasury, 127 F.3d 1431 (Fed. Cir. 1997). “See 5 C.F.R. § 842.807 (a). The effect of those two regulatory provisions is that if the employee does not request LEO credit within the six-month period specified in section 842.”
Klipp v. Dhs (Fed. Cir. 2022). “5 C.F.R. § 842.807 (a). LEO credit may be awarded for time served in either a primary or secondary law enforcement position.”
Klipp v. Dhs (Fed. Cir. 2022). “5 C.F.R. § 842.807 (a). LEO credit may be awarded for time served in either a primary or secondary law enforcement position.”
Barry J. Garner v. Dep't of the Army (MSPB 2015). “Consequently, as the administrative judge made clear in the initial decision, the Board’s jurisdiction in th is appeal is governed by 5 C.F.R. § 842.807 (b), which pertains to the denial of LEO special retirement coverage to an individual serving in an approved secondary LEO…”
Bert LaCroix v. Dep't of the Army (MSPB 2024). “481 , ¶¶ 2, 5 (1998); 5 C.F.R. § 842.807 (a). A Federal employee seeking LEO retirement coverage under FERS bears the burden of proving entitlement thereto by a preponderance of the evidence.”
LEO AR Fort Leavenworth v. Dep't of the Army (MSPB 2015). “481 , ¶¶ 6-8 (1998); 5 C.F.R. § 842.807 (a). The Board has recognized a limited exception to this principle when the agency, or OPM, if involved in the determination at issue, refuses to render a final decision.”
Craig Golden v. Dep't of the Air Force (MSPB 2022). “2 Under 5 C.F.R. § 842.807 (a), the final decision of an “agency head” denying an individual’s request for approval of a position as a rigorous, secondary, or air traffic controller position made under § 842.”
Bryan Frayser v. Dep't of the Army (MSPB 2024). “Petition for Review (PFR) File, Tab 3 at 8-12; Initial Appeal File (IAF), Tab 10 at 5, Tab 14 at 6, Tab 18 at 4-7; see 5 C.F.R. § 842.807 (a)-(b). He also repeats his argument that he was unaware of his retirement status and therefore had good cause for not filing a request…”
Susan L Simpson v. Dep't of the Navy (MSPB 2025). “5 C.F.R. § 842.807 (a). An employee seeking special retirement coverage bears the burden of proving, by preponderant evidence, her entitlement to such coverage.”
Alford v. Dep't of the Navy, 33 F. App'x 493 (Fed. Cir. 2002). “” The memorandum denying coverage to petitioner Geraldine Brodnax, who is covered under FERS, notified Brodnax of “her right to appeal this decision to the Merit Systems Protection Board as provided by 5 CFR 842.807.” 1 Petitioners then appealed to the Board.”
Golembiewski v. Johnson, 934 F. Supp. 849 (E.D. Mich. 1996). “5 C.F.R. §§ 842.807 (a), 842.804(c); DeVitto v.”
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