C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 847—ELECTIONS OF RETIREMENT COVERAGE BY CURRENT AND FORMER EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES › Subpart A—General Provisions

5 C.F.R. § 847.107

Appeals to MSPB

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(a) An individual whose rights or interests under the CSRS or FERS are affected by a final decision of the employing agency may request the Merit Systems Protection Board to review such decision in accordance with procedures prescribed by the Board.

(b) Paragraph (a) of this section is the exclusive remedy for review of agency decisions concerning eligibility to make an election under subparts B and D of this part. An agency decision must not allow review under any employee grievance procedures, including those established by 5 U.S.C. chapter 71, and 5 CFR part 771.

[61 FR 41721, Aug. 9, 1996, as amended at 68 FR 2179, Jan. 16, 2003]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: David A. Stevens v. Off. of Pers. Mgmt. (MSPB 2026).
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David A. Stevens v. Off. of Pers. Mgmt. (MSPB 2026). · cites it 5× “We also FORWARD to the regional office for docketing as a separate appeal a claim against the Department of the Navy (Navy) under 5 C.F.R. § 847.107 . BACKGROUND The appellant was continuously employed by the Navy from January 5, 1987, until his retirement on March 31, 2019.”
David Stevens v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 3× “5 C.F.R. § 847.107 (a). An appeal to the Board is the exclusive remedy for review of agency decisions concerning eligibility to make the retroactive election under 5 C.”
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