Clifford S. Nasdahl v. Office of Personnel Management

Nasdahl filed a petition for review of an initial MSPB decision that dismissed his appeal for lack of jurisdiction.
OPM asserted its FERCCA-based decision on waiver/repayment matters is not appealable to the MSPB and that it has discretion over relief.
The initial judge dismissed because no final OPM decision had issued on the matter; Autrey governs retirement matters without final OPM action.
OPM explained deposits with interest are governed by 5 U.S.C. § 8334(e) and § 8411(f), with no authority to waive interest.
FERCCA-related reimbursements may be discretionary, but OPM FERCCA decisions are final and not reviewable by the MSPB.
Board concluded it lacks jurisdiction over Nasdahl’s appeal, and affirmed the ID while supplementing to clarify grounds for dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the MSPB lacking jurisdiction absent a final OPM decision?	Nasdahl asserts MSPB jurisdiction may exist notwithstanding no final OPM decision.	OPM contends finality is required and FERCCA decisions are not appealable to the MSPB.	Yes; MSPB lacks jurisdiction without a final OPM decision.
Are OPM FERCCA decisions subject to MSPB review?	Nasdahl seeks relief for FERCCA-based issues via MSPB.	OPM FERCCA decisions are final, discretionary, and not reviewable by MSPB.	No; FERCCA decisions are not subject to MSPB review.

Autrey v. Office of Personnel Management, 27 MSPR 130 (1985) (jurisdictional limits in absence of final OPM action)
Cheeseman v. Office of Personnel Management, 791 F.2d 138 (Fed. Cir. 1986) (burden of proof in retirement matters)
Carew v. Office of Personnel Management, 878 F.2d 366 (Fed. Cir. 1989) (pure questions of law may be decided without a hearing)
Jezouit v. Office of Personnel Management, 97 MSPR 48 (2004) (procedural considerations on review; aff’d 121 F. App’x 865 (Fed. Cir. 2005))
Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (timeliness and appellate rights to court)