Robert J. Conner v. Office of Personnel Management

CLEVENGER, Circuit Judge.

In this federal retirement benefits case, Robert J. Conner petitions for review of the December 12, 1995, final order of the Merit Systems Protection Board (Board), Docket No. DC0831950389-I-1, sustaining the decision of the Office of Personnel Management (OPM) which held that Conner could not make a service credit redeposit under the Civil Service Retirement System (CSRS) because he was covered by the Federal Employees’ Retirement System (FERS). We hold that the controlling statute, 5 U.S.C. § 8402(b), is not ambiguous, and that its clear language excludes Conner…