UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Decided: March 18, 1988.
DEOGRACIAS F. REBOLLEDO, PETITIONER,
OFFICE OF PERSONNEL MANAGEMENT, RESPONDENT
Before Friedman and Rich, Circuit Judges, and Bennett, Senior Circuit Judge.
The decision of the Merit Systems Protection Board (board). In No. SE08318610342, sustaining the Office of Personnel Management's decision that the petitioner is not entitled to an annuity from the Civil Service Retirement System, is affirmed.
The board correctly determined that the petitioner, Deogracias F. Rebolledo, did not qualify for retirement benefits. The indefinite excepted appointments under which he was employed are specifically excluded from coverage of the Civil Service Retirement Act. See 5 CFR 831.201(a)(13) and (14). Because his employment was never subject to civil service retirement coverage, he was unable to show that he had completed five years creditable service required to establish eligibility for an annuity under either 5 USC 8333(a) or 8337(a).
Accordingly, we affirm the board's decision because it was not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with law. See 5 USC 7703(c).
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