Anna Miller v. Office of Personnel Management

I respectfully dissent from the majority’s holding that the Merit Systems Protection Board (“MSPB”) lacks jurisdiction to determine whether the Office of Personnel Management (“OPM”) improperly deducted amounts for life insurance from the petitioner’s annuity payments. In my view the majority opinion rests on a misunderstanding of the 1978 Civil Service Reform Act (“CSRA”), Pub.L. 95-454, 92 Stat. 1111 et seq., and of the limited provision for court jurisdiction over life insurance claims enacted in 1954 and now appearing in 5 U.S.C. § 8715.

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Before the CSRA legislation of 1978, claims for…