Villardo D. Dullas v. Office of Personnel Management
Background
- Appellant Villardo D. Dullas sought a CSRS annuity; OPM denied his request and the MSPB administrative judge upheld OPM’s reconsideration decision.
- Appellant’s federal service included numerous temporary appointments from Aug 1971–Jan 1980 (appointments limited to 1 year or less) and an indefinite excepted‑service position from Jan 1980–Jul 1992.
- Appellant did not make CSRS contributions for much of the disputed period and argued he was nonetheless covered for service between 1971 and 1982.
- He relied on 5 C.F.R. § 831.303(a), contending it retroactively made such service covered for CSRS purposes (i.e., converted creditable service into covered service).
- The administrative judge found the appellant failed to prove entitlement to a CSRS annuity because his service was noncovered under CSRS exclusion rules.
- MSPB denied the petition for review and affirmed the initial decision; appellant was notified of appeal rights to the Federal Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellant’s 1971–1982 service is CSRS covered service | § 831.303(a) makes service between 1920–1982 creditable and thus effectively covered | Appellant’s service was excluded from CSRS because it consisted of temporary appointments and indefinite excepted‑service positions | MSPB: § 831.303(a) addresses creditable service only; it does not convert noncovered service into CSRS covered service; claim denied |
| Whether failure to contribute to CSRS can be excused if service is retroactively covered | Appellant implied coverage exists regardless of contributions | OPM/MSPB: Coverage requires status as covered employee and contribution obligations; noncoverage exclusions control eligibility | MSPB: Nonpayment of contributions irrelevant once service is noncovered; appellant not entitled to annuity |
| Applicability of exclusions for appointments <=1 year and indefinite excepted service | Appellant argued regulation creates automatic coverage | Agency: 5 C.F.R. § 831.201 exclusions apply to such appointments | MSPB: Service under appointments limited to 1 year and indefinite excepted employees are excluded from CSRS coverage |
| Whether administrative judge erred in law or fact | Appellant claimed misinterpretation of § 831.303(a) | Agency defended administrative decision as correct application of CSRS rules | MSPB: No basis to grant review; initial decision affirmed |
Key Cases Cited
- Encarnado v. Office of Personnel Management, 116 M.S.P.R. 301 (M.S.P.B. 2011) (distinguishes creditable service from CSRS covered service and recognizes exclusions for temporary/excepted appointments)
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (court enforces statutory filing deadlines for appeals to the Federal Circuit)