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Pingol v. Office of Personnel Management

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Marcial M. Pingol seeks review of the final decision of the Merit Systems Protection Board (“Board”) affirming the reconsideration decision of the Office of Personnel Management (“OPM”) denying Mr. Pingol’s application for a retirement annuity under the Civil Service Retirement Act (“CSRA”). Pingol v. Office of Pers. Mgmt, No. SE831M990279-I-1 (April 21, 2000). We affirm.

I.

Mr. Pingol was employed continuously by the United States Air Force from June 8, 1964, until November 26, 1991, in civilian, excepted service positions at Clark Air Force Base in the Republic of the Philippines. Upon his retirement, he sought a retirement annuity under the CSRA. OPM initially considered Mr. Pingol to qualify for a retirement annuity, and accordingly it paid benefits in the amount of $3,259.33 to Mr. Pingol. Upon further review of his employment records, however, OPM determined that none of the positions occupied by Mr. Pingol during his long federal government employment are covered by the Civil Service Retirement System (“CSRS”). Therefore, Mr. Pingol is not entitled to receive a retirement annuity under the CSRS. In its reconsideration decision, OPM notified Mr. Pingol that it would not attempt to collect the $3,259.33 that had been erroneously paid to him. Mr. Pingol appealed the denial of his retirement annuity application to the Board.

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