Unpublished Dispositionmariano N. Casem, Petitioner, v. Office of Personnel Management, Respondent, 826 F.2d 1072 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 826 F.2d 1072 (Fed. Cir. 1987) July 14, 1987

Before RICH, SMITH and NIES, Circuit Judges.


The decision of the Merit Systems Protection Board (board) in No. SE08318610185, dismissing the petitioner's appeal without prejudice as premature, is affirmed. Under the applicable regulations, an application for a retirement annuity must be filed with the Office of Personnel Management (OPM), not the board. 5 CFR 831.104. The right to appeal to the board arises only after OPM has reconsidered the matter and issued a final decision. 5 CFR 831.109, 831.110. Accordingly, the board's dismissal of the appeal because there was no decision by OPM was not arbitrary, capricious, an abuse of discretion, unsupported by the evidence, or otherwise not in accordance with law. See 5 USC 7703(c).