5 CFR 839.1302
§ 839.1302 What types of decisions can I appeal?
United States · 5 CFR — Administrative Personnel · Status: effective
Cite this
- Citation
- 5 CFR 839.1302, § 839.1302 What types of decisions can I appeal?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/8175
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.