[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR846.725]

[Page 367]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 846_FEDERAL EMPLOYEES RETIREMENT SYSTEM_ELECTIONS OF COVERAGE--Table 
of Contents
 
                Subpart G_1998 Open Enrollment Elections
 
Sec. 846.725  Appeal to the Merit Systems Protection Board.

    (a) A person whose rights or interests under this part are affected 
by an agency decision that an employee is not eligible to elect FERS 
coverage or an agency refusal to accept a belated election under Sec. 
846.724, or an OPM decision denying an extension or waiver under Sec. 
846.722, may request the Merit Systems Protection Board (MSPB) to review 
such decision in accord with procedures prescribed by MSPB. MSPB 
regulations relating to appeals are contained in chapter II of this 
title.
    (b) Paragraph (a) of this section is the exclusive remedy for review 
of agency decisions concerning eligibility to make an election under 
this subpart. An agency decision must not allow review under any 
employee grievance procedures, including those established by chapter 71 
of title 5, United States Code, and 5 CFR part 771.