Background
Barbara J. Blackmon petitioned the Federal Circuit to review letters from the Office of Personnel Management concerning the calculation of her annuity.
After the court ordered her to show cause why the case should not be dismissed, Blackmon moved to stay the proceeding pending resolution of a concurrent appeal she had filed with the Merit Systems Protection Board. OPM urged the court to dismiss the petition.
The Court’s Holding
In a nonprecedential per curiam order, the Federal Circuit denied Blackmon’s stay motion and dismissed the case. The court explained that its jurisdiction does not include direct review of OPM letters or decisions.
Although 28 U.S.C. § 1295(a)(9) authorizes the Federal Circuit to review final MSPB decisions, Blackmon identified no final Board decision concerning her annuity calculation. The court also found no persuasive basis to hold the premature petition open while her Board appeal proceeded.
Key Takeaways
- The Federal Circuit generally lacks jurisdiction to review OPM annuity letters or decisions directly.
- Judicial review under 28 U.S.C. § 1295(a)(9) requires a final decision from the MSPB.
- A pending Board appeal did not justify staying Blackmon’s premature Federal Circuit proceeding.
Why It Matters
The order underscores the required administrative path for federal retirement disputes: a claimant ordinarily must obtain a final MSPB decision before seeking Federal Circuit review.
The dismissal left Blackmon’s pending Board appeal to proceed, with each party bearing its own costs and all pending motions denied.