Dullas v. Office of Personnel Management
708 F. App'x 672
| Fed. Cir. | 2017Background
- Dullas worked as a civilian welder at the U.S. Naval Ship Repair Facility in Subic Bay from Aug. 1971 to July 1992, initially under multiple temporary appointments and later under an indefinite excepted-service appointment.
- SF-50 forms for his employment listed retirement coverage as “None” or “Other,” and no CSRS contributions were deducted from his pay; he also received severance pay under a non‑CSRS (FEPI) plan when terminated in 1992.
- In Sept. 2013 Dullas applied for a deferred CSRS annuity; OPM denied the application for lack of covered service and he appealed to the MSPB.
- The Merit Systems Protection Board affirmed OPM, finding his service was in temporary and indefinite appointments excluded from CSRA coverage and rejecting his claim that 5 C.F.R. § 831.303(a) retroactively conferred coverage.
- Dullas appealed to this court, which reviews MSPB decisions for legal error or lack of substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dullas’s service qualified as CSRS "covered service" for annuity eligibility | Dullas: his periods of service are creditable and § 831.303(a) retroactively makes that service covered for CSRS eligibility | OPM/MSPB: service was temporary/excepted and excluded from CSRS; SF‑50s and payroll records show no CSRS coverage or contributions | Held: Service was not CSRS covered; § 831.303(a) does not convert excluded service into covered service |
| Whether 5 C.F.R. § 831.303(a) retroactively converts creditable noncontributory service into CSRS coverage | Dullas: § 831.303(a) implements automatic coverage for service between 1920–1982 | OPM/MSPB: § 831.303(a) only allows already‑covered employees to include certain creditable service in annuity computation; it does not change who is covered | Held: § 831.303(a) does not retroactively confer CSRS coverage; it only affects computation for those already covered |
Key Cases Cited
- Quioscon v. Office of Pers. Mgmt., 490 F.3d 1358 (Fed. Cir.) (explains CSRS covered‑service requirement and exclusions for temporary/indefinite appointments)
- Dela Rosa v. Office of Pers. Mgmt., 583 F.3d 762 (Fed. Cir.) (former employee may make deposit only if already covered by CSRS)
- Hocson v. Office of Pers. Mgmt., [citation="662 F. App'x 922"] (Fed. Cir.) (rejecting argument that § 831.303(a) retroactively converted creditable service into covered service)