Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Abagon v. Office of Personnel Management

Employee's excepted appointments to civilian work at U.S. Navy facility were not subject to Civil Service Retirement Act, with result that employee had no right to retirement annuity after termination.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
As amended February 11, 2002.

Eduardo Abagon petitions for review of the June 2, 2000, initial decision of the Merit Systems Protection Board (“Board”), Docket No. SE-0831-00-0146-I-1, affirming a decision on reconsideration by the Office of Personnel Management (“OPM”) that Mr. Abagon was not entitled to an annuity pursuant to the Civil Service Retirement Act (“CSRA”), 5 U.S.C. § 8331 et seq. The initial decision became final on April 27, 1993, when the Board denied Mr. Abagon’s petition for review. We affirm.

Mr. Abagon worked as a civilian employee at the U.S. Naval Public Works Center in the Philippines. From April 20, 1983, until July 28, 1985, Mr. Abagon worked pursuant to a series of excepted not-to-exceed (“NTE”) appointments. On July 28, 1985, he was converted to an excepted appointment. Thereafter, on February 14, 1992, he was terminated by reduction in force. In accordance with the Filipino Employment Personnel Instructions (“FEPI”), Mr. Abagon received nine months of severance pay. Although no deposits were made from his salary into the Civil Service Retirement and Disability Fund during his tenure with the Navy from 1983 until 1992, Mr. Abagon applied for a deferred retirement annuity under the CSRA on March 15, 1999. When the OPM denied his application, Mr. Abagon appealed to the Board. The Administrative Judge (“AJ”) affirmed the OPM, the full Board denied his petition for review, and Mr. Abagon subsequently appealed to this court. We have jurisdiction under 28 U.S.C. § 1295(a)(9) (1988).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ASSOCIATE -- BOSTON, MA

The Business Litigation Group of the Boston office of McCarter & English seeks a litigation associate with 3-5 years of business litigat...


Apply Now ›
TRUSTS & ESTATES ATTORNEY

McCarter and English is actively seeking a trusts and estates associate for our Newark, NJ office with 3-5 years of experience in estate pla...


Apply Now ›
ENVIRONMENT & ENERGY ATTORNEY

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Philadelphia, PA. Ca...


Apply Now ›
Go to Lawjobs