Barreto v. Office of Personnel Management
Barreto v. Office of Personnel Management
Opinion of the Court
Francisco Barreto seeks review of the January 15, 2002, final decision of the Merit Systems Protection Board, 90 M.S.P.R. 599, reversing the initial decision, and sustaining the Office of Personnel Management’s denial of a civil service retirement annuity. Because his service does not satisfy the statutory requirements of 5 U.S.C. § 8333, we affirm.
A board decision must be affirmed unless it is found to be: “(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required by law, rule, or regulation having been followed; or (3) unsupported by substantial evidence.” 5 U.S.C. § 7703(c) (2000).
To qualify for a Civil Service Retirement annuity, an applicant must have completed at least five years of civilian service, of which one of the last two years of service must be creditable under the Civil Service Retirement Act (“CSRA”). 5 U.S.C. § 8333(a), (b) (2000). Barreto argues that the board’s denial of an annuity was not in
Reference
- Full Case Name
- Francisco BARRETO v. OFFICE OF PERSONNEL MANAGEMENT
- Status
- Published