Remember to File Appeals of OPM Retirement Decisions Appropriately
The Merit Systems Protection Board (MSPB) recently decided the case of Tress v. OPM, 2008 MSPB 125, an appeal of an OPM final decision regarding an annuity reduction. The appellant completed the MSPB appeal form enclosed with OPM's decision but timely mailed the appeal to OPM instead of to the Board.
OPM forwarded Tress's appeal to the Board but it was received after the 30 day appeal deadline. The administrative judge (AJ) dismissed the appeal as untimely filed; the Board reversed the initial decision and remanded the case for adjudication on the merits. The Board carved out an exception to the general rule that appellants must follow explicit appeal instructions due to the following circumstances:
- The delay was exacerbated by OPM's failure to redirect the appellant's timely appeal to the Board
- The appellant's clear intent was to appeal the annuity reduction
- The appellant represented himself; and
- There would be no prejudice to the agency
Please pay close attention to all correspondence from OPM, particularly any mail that will impact the annuity. Many free resources are available to assist with questions regarding the proper way to appeal the type of decision described above. Every case should be heard on its merits.
