Jarmin v. Office of Personnel Management, 678 F. App'x 1023

Marvin L. Jarmin served on active duty (1954–1955), then in the Army Reserves (1955–1961), and worked as a civilian for USDA (1965–1986).
His CSRS annuity included active-duty credit but not Reserve service credit.
Jarmin requested OPM credit for Reserve service (Feb 2015); OPM denied the request and denied reconsideration (Nov 12, 2015).
Jarmin appealed to the MSPB; the MSPB issued an initial decision and a Final Order affirming OPM on Aug 19, 2016, and included a notice that the Federal Circuit must receive any petition within 60 days.
Jarmin’s first filing with the Federal Circuit was received Oct 20, 2016, two days after the 60-day statutory deadline (Oct 18, 2016).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Federal Circuit has jurisdiction to review MSPB’s final order	Jarmin sought review of the MSPB/OPM denial of Reserve service credit	OPM/MSPB argued the petition was untimely and outside the 60-day statutory period	Court held it lacked jurisdiction because Jarmin filed after the 60-day deadline

Steel Co. v. Citizens for a Better Env't, 523 U.S. 83 (1998) (federal courts must confirm jurisdiction before addressing merits)
Oja v. Dep't of the Army, 405 F.3d 1349 (2005) (timely filing under 5 U.S.C. § 7703(b)(1) is prerequisite to circuit court jurisdiction)
Monzo v. Dep't of Transp., 735 F.2d 1335 (1984) (the § 7703(b)(1) filing deadline is statutory, mandatory, and jurisdictional)
Bowles v. Russell, 551 U.S. 209 (2007) (statutory time limits to take an appeal are jurisdictional)
Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010) (jurisdictional requirements and their consequences)