Agency:
Scheme Nickname:
Hearings re: statutory prohibition of retirement annuities
Adjudication scheme providing a federal annuitant with a forum to challenge an OPM notice of withholding of annuity payment due to statutory prohibitions related to enumerated criminal convictions or falsification of employment application. (See 5 CFR 831.1101 - 831.1112).
Adjudication Levels:
| Level | Name of Office | Are administrative appeals permitted from final decisions at this stage? |
|---|---|---|
Hearing Level | Yes (All Types of Cases) | |
Appeal Level 1 | No |
Comments/Notes on Adjudication Structure:
OPM regulations refer to the "Associate Director for Compensation" as the agency official with authority to make initial determinations regarding prohibition on payment of annuities, issue of notices, and decide cases when the annuitant fails to file an answer or does not request a hearing. (ALJs decide contested cases.) However, the regulation has not been updated since promulgation in 1969.
Types of Adjudication:
Type A
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
No
