[Federal Register: April 28, 1997 (Volume 62, Number 81)]
[Rules and Regulations]
[Page 22873]

[[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]
BILLING CODE 6325-01-M