Leoarin Jose, Petitioner, v. Office of Personnel Management, Respondent, 925 F.2d 1479 (Fed. Cir. 1991)

Leoarin Jose appeals from the June 25, 1990 Initial Decision of the Administrative Judge (AJ) in Docket No. SE08319010174, which became the final decision of the Merit Systems Protection Board (MSPB) on July 30, 1990. See 5 USC Sec. 7701(e) (1). We affirm.

OPINION

In his brief, Jose does not contest that his over twenty years of service starting in December of 1954 was based on an excepted, "indefinite" appointment, and thus while constituting "creditable" service was not service "covered" by the Civil Service Retirement Act (CSRA). See 5 USC Sec. 8331(1) (iii).

With respect to Jose's service from 1952 to 1954, Jose appears to argue that the AJ incorrectly determined the amount of time worked during those years. However, regardless of the exact amount of time this service lasted, the employment records reflecting that time clearly indicate that this service was not covered by the CSRA. There is no evidence in the record to the contrary. Therefore, Jose lacked the required five years of creditable civilian service ending with at least one year of the last two years in a position covered by the CSRA. See 5 USC Sec. 8333(b). This court is without authority to waive the eligibility requirements set by law.