[Federal Register Volume 62, Number 81 (Monday, April 28, 1997)]
[Rules and Regulations]
[Page 22873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10899]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 81 / Monday, April 28, 1997 / Rules 
and Regulations  

[[Page 22873]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 831

RIN 3206-AH66


Administration and General Provisions--Administration

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations concerning the adjudication of claims arising under the 
Civil Service Retirement System (CSRS). The regulation provides 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 regulation 
streamlines processing of claims under the CSRS and brings OPM's CSRS 
regulations into conformity with its Federal Employees Retirement 
System (FERS) regulations.

EFFECTIVE DATE: May 28, 1997.

FOR FURTHER INFORMATION CONTACT:
Kenneth R. Brown, (202) 606-0299.

SUPPLEMENTARY INFORMATION: On December 19, 1996, we published (at 61 FR 
66948) proposed regulations to facilitate and streamline our processing 
of disputed cases under CSRS and bring CSRS regulations into conformity 
with FERS regulations. We received no comments on the proposed 
regulations and we are now publishing them as final regulations.

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.

U.S. Office of Personnel Management
James B. King,
Director.

    Accordingly, OPM is amending 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, the last sentence in paragraph (c) 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 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. 97-10899 Filed 4-25-97; 8:45 am]
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