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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.

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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).

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