Aquino v. Office of Personnel Management

REYNA, Circuit Judge.

Hermenta P. Aquino appeals the decision of the Merit Systems Protection Board (“MSPB”) finding Ms. Aquino ineligible for a deferred annuity benefits under the Civil Service Retirement System (“CSRS”), and also ineligible to make a retroactive deposit to the CSRS. Because Ms. Aquino never held a position covered by the CSRS prior to her retirement, we conclude that she is ineligible for participation in the CSRS via receipt of annuities or retroactive deposits. Accordingly, we affirm.

I. Background

Ms. Aquino worked at the United States Naval Station in Subic Bay,…