5 C.F.R. § 846.205

Reconsideration and appeal rights

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(a) Who may file. An individual may request OPM to reconsider a decision of an employing office affecting his or her election of coverage under FERS. A request for reconsideration of a decision by OPM regarding extension of the time limit or a waiver under § 846.202 or refunds under § 846.401 must be made in accordance with § 841.305 of this chapter.

(b) Reconsideration. A request for reconsideration of an agency decision must be filed within the time limit given in paragraph (c) of this section. A request for reconsideration must be made in writing and must include the claimant's name, address, date of birth, and the reason for the request.

(c) Time limit. A request for reconsideration of an agency decision must be filed within 30 calendar days from the date of the agency's decision stating the right to reconsideration. OPM may extend the time limit on filing when a person shows that he or she was not notified of the time limit and was not otherwise aware of it, or that he or she was prevented by circumstances beyond his or her control from making the request within the time limit.

(d) OPM's decision. After reconsideration, OPM issues its final decision in writing, setting forth its findings and conclusions.

(e) Appeals to MSPB. A person whose rights or interests under this part are affected by OPM's decision under paragraph (d) of this section may request the Merit Systems Protection Board (MSPB) to review such decision in accord with procedures prescribed by MSPB.

Notes of Decisions

Cited in 3 cases, 1990–2003 · leading case: Patricia L. Killip v. Off. of Pers. Mgmt., 991 F.2d 1564 (Fed. Cir. 1993).

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Patricia L. Killip v. Off. of Pers. Mgmt., 991 F.2d 1564 (Fed. Cir. 1993). “5 C.F.R. § 846.205 (e) (1992). To explain relevant details of FERS and the consequences of transferring from CSRS to FERS, OPM issued the “FERS Transfer Handbook” to all federal government employees before the onset of the open season.”

Philip B. Springer v. Off. of Pers. Mgmt., 911 F.2d 675 (Fed. Cir. 1990). “§§ 7701 and 8461(e)(1); 5 C.F.R. § 846.205 . For the following reasons, OPM’s reconsideration decision is AFFIRMED.”

Young v. Off. of Pers. Mgmt., 78 F. App'x 111 (Fed. Cir. 2003). · cites it 3× “Because her request was untimely submitted under 5 C.F.R. § 846.205 (c), we affirm. A board decision must be affirmed unless it is found to be: “(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required…”

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