[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Proposed Rules]
[Pages 66948-66949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32135]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 245 / Thursday, December 19, 1996 /
Proposed Rules
[[Page 66948]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 831
RIN 3206-AH66
Administration and General Provisions--Administration
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is proposing to amend
its regulations concerning the adjudication of claims arising under the
Civil Service Retirement System (CSRS). This amendment would provide
that OPM may initially issue decisions that provide the opportunity to
appeal directly to the Merit Systems Protection Board (MSPB) without
having to request OPM to review its initial decision. The amendment
will streamline processing of claims under the CSRS and bring OPM's
CSRS regulations into conformity with its Federal Employees Retirement
System (FERS) regulations.
DATES: Comments must be received on or before February 18, 1997.
ADDRESSES: Send comments to John E. Landers, Chief, Retirement Policy
Division; Retirement and Insurance Service; Office of Personnel
Management; P.O. Box 57; Washington, DC 20044; or deliver to OPM, Room
4351, 1900 E Street NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Brown, (202) 606-0299.
SUPPLEMENTARY INFORMATION: Currently, section 839.109 of Title 5, Code
of Federal Regulations establishes a procedure under which individuals
whose rights or interests under CSRS are affected by an initial
decision of OPM generally must request that OPM reconsider its decision
if they think OPM's initial decision is wrong, before they may seek
review outside OPM. After receiving a reconsideration request, OPM
renders a final decision that contains notice of the right of the
individual to file an appeal with MSPB. Only if a decision is rendered
at the highest level of review available in OPM may the individual seek
MSPB review without first obtaining an OPM reconsideration decision.
The reconsideration process sometimes imposes a needless
administrative burden on both the individual and OPM, particularly when
the facts of the case are not in dispute. When all relevant evidence
and facts have already been considered by OPM in its initial decision,
reconsideration is redundant, increases OPM's administrative and
processing costs and needlessly delays the claimant's opportunity to
appeal OPM's decision to MSPB.
To streamline our processing of disputed cases under CSRS, these
proposed regulations would bring CSRS regulations into conformity with
FERS regulations at 5 CFR 841.307. Under the FERS process, whenever OPM
determines that issuance of both an initial and reconsideration
decision would be redundant, OPM issues a final decision without the
reconsideration process. The final decision fully sets forth OPM's
findings and conclusions and contains notice of the right to file an
appeal with MSPB. MSPB regulations require de novo review of the OPM
decision and provide claimants with a right to a hearing before an
administrative judge. Our processing under the proposed regulations may
be illustrated with the following example. If official records show
that a person claiming an annuity has less than the 5 years of service
required by law, and the person does not dispute the accuracy of the
records, OPM will disallow the claim without a reconsideration right at
OPM, but rather with a notice of MSPB appeal rights. On the other hand,
if the person believes that the official record of his or her service
is incomplete and wishes to submit secondary evidence to prove that he
or she actually performed the necessary 5 years of service, OPM would
issue an initial decision with a statement of reconsideration rights at
OPM before issuing a final decision.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will only affect Federal agencies and retirement payments to retired
Government employees, spouses, and former spouses.
List of Subjects in 5 CFR Part 831
Administrative practice and procedure, Alimony, Claims, Disability
benefits, Firefighters, Government employees, Income taxes,
Intergovernmental relations, Law enforcement officers, Pensions,
Reporting and recordkeeping requirements, Retirement.
Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM proposes to amend title 5, Code of Federal
Regulations, as follows:
PART 831--RETIREMENT
1. The authority citation for part 831 continues to read as
follows:
Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a;
Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2);
Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2);
Sec. 831.204 also issued under section 7202(m)(2) of the Omnibus
Budget Reconciliation Act of 1990, Pub. L. 105-508, 104 Stat. 1388-
339; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2);
Sec. 831.502 also issued under 5 U.S.C. 8337; Sec. 831.502 also
issued under section 1(3), E.O. 11228, 3 CFR 1964-1965 Comp.;
Sec. 831.621 also issued under section 201(d) of the Federal
Employees Benefits Improvement Act of 1986, Pub. L. 99-251, 100
Stat. 23; subpart S also issued under 5 U.S.C. 8345(k); subpart V
also issued under 5 U.S.C. 8343a and section 6001 of the Omnibus
Budget Reconciliation Act of 1987, Pub. L. 100-203, 101 Stat. 1330-
275; Sec. 831.2203 also issued under section 7001(a)(4) of the
Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508; 104
Stat. 1388-328.
Subpart A--Administration and General Provisions
2. In Sec. 831.109, paragraph (c) the last sentence is removed, the
text in paragraph (f) after the heading ``Final decision.'', is
redesignated as paragraph (f)(1) and paragraph (f)(2) is added to read
as follows:
Sec. 831.109 Initial decision and reconsideration.
* * * * *
(f) * * *
(2) OPM may issue a final decision providing the opportunity to
appeal
[[Page 66949]]
under Sec. 831.110 rather than an opportunity to request
reconsideration under paragraph (c) of this section. Such a decision
must be in writing and state the right to appeal under Sec. 831.110.
* * * * *
[FR Doc. 96-32135 Filed 12-18-96; 8:45 am]
BILLING CODE 6325-01-M
