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Federal regulations · Through 2026-08-25 · Newer source version available

5 CFR 839.1302: What types of decisions can I appeal?

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Where this section sits in the code
  1. Title 5—Administrative Personnel
  2. CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT
  3. SUBCHAPTER B—CIVIL SERVICE REGULATIONS
  4. PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
  5. Subpart M—Appeal Rights

(a) You can appeal to the MSPB a decision that affects your rights and interests under this part, except an OPM decision under subpart L (see § 839.1303). Some examples of decisions are:

(1) Your employer's determination that your error is not subject to these rules;

(2) Your employer's determination that you are not eligible to elect retirement coverage under these rules; and

(3) OPM's denial of your request for a waiver of the time limit for making an election.

(b) You may not seek review of a decision under any employee grievance procedures, including those established by chapter 71 of title 5, United States Code, and 5 CFR part 771.

Collected 2026-08-27T02:23:53Z. Source file · JSON

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