ALOP V OPM, No. 06-3142 (Fed. Cir. 2006)

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NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is not citable as precedent. It is a public record. United States Court of Appeals for the Federal Circuit 06-3142 LUTHER E. ALOP, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. __________________________ DECIDED: August 8, 2006 __________________________ Before NEWMAN, MAYER, and RADER, Circuit Judges. PER CURIAM. Luther E. Alop appeals the final decision of the Merit Systems Protection Board, affirming the Office of Personnel Management s denial of his application for a deferred retirement annuity under the Civil Service Retirement Act ( CSRA ). Alop v. Office of Pers. Mgmt., SF0831050477-I-1 (MSPB Dec. 6, 2005). We affirm. We must affirm the board s decision unless it was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; obtained without procedures required by law, rule or regulation having been followed; or unsupported by substantial evidence. See 5 U.S.C. § 7703(c) (2000). In order to qualify for a retirement annuity under the CSRA, Alop must prove by a preponderance of the evidence, 5. C.F.R. § 1201.56(a)(2), that, inter alia, at least one of [his] two years of service prior to separation [was] subject to the CSRA, i.e., covered service. Rosete v. Office of Pers. Mgmt., 48 F.3d 514, 516 (Fed. Cir. 1995) (citing 5 U.S.C. § 8333(b)). The record establishes that all of his service occurred in either indefinite or intermittent positions. Because these positions are excluded from coverage under the CSRA, see 5 C.F.R. 831.201(a), he is not entitled to a retirement annuity. 06-3142 2

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