Rigos v. Office of Personnel Management

Federal Circuit

Rigos v. Office of Personnel Management

17 F. App'x 974

CourtCourt of Appeals for the Federal Circuit

DecidedAugust 15, 2001

DocketNo. 01-3199

StatusPublished

This text of 17 F. App'x 974 (Rigos v. Office of Personnel Management) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rigos v. Office of Personnel Management, 17 F. App'x 974 (Fed. Cir. 2001).

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Opinion

ON MOTION

BRYSON, Circuit Judge.

ORDER

The Office of Personnel Management (OPM) moves to waive the requirements of Fed. Cir. R. 27(f) and to remand to the Merit Systems Protection Board with instructions to remand to OPM so that OPM may reconsider its determination that no annuity was due Marcelino C. Rigos. Ri-gos has not responded.

OPM states that “[i]t now appears that [Rigos] may be entitled to credit for service which OPM initially disputed” and that it “must now determine Mr. Rigos’s eligibility for a deferred annuity.” The court concludes that a limited remand is appropriate.

Accordingly,

IT IS ORDERED THAT:

(1) OPM’s motion to waive Fed. Cir. R. 27(f) is granted.

(2) OPM’s motion to remand is granted for the purpose of allowing the Board to consider whether a further remand to OPM is appropriate.

(3) Each party shall bear its own costs.

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