NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition
is not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
06-3024
GERMAN M. QUIAMBAO,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
___________________________
DECIDED: April 6, 2006
___________________________
Before SCHALL, DYK, and PROST, Circuit Judges.
PER CURIAM.
German M. Quiambao (“Quiambao”) appeals the final decision of the Merit
Systems Protection Board (the “Board”) denying his request for retirement benefits
under the Civil Service Retirement System (“CSRS”). We affirm.
BACKGROUND
Quiambao was employed as a blacksmith by the Department of the Navy at
Subic Bay in the Philippines beginning on December 8, 1965. On May 16, 1966, after
the one-year probationary period, his appointment was converted to an indefinite
appointment. Quiambao retired on June 26, 1987, and requested CSRS retirement
benefits on January 10, 1989. OPM denied the request on August 17, 1989. Though
his appeal to the Board was not filed until October 14, 2004, the Board excused the
late-filing because OPM could not prove that Quiambao received the August 17, 1989
decision. On the merits, the Board denied Quiambao’s claim because his service in an
Indefinite Excepted Appointment did not satisfy the statutory requirements for CSRS
benefits. The Board’s decision became final on August 19, 2005, and Quiambao timely
appealed. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(9).
DISCUSSION
We must affirm the Board’s decision unless it was arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with law; obtained without procedures
required by law, rule or regulation; or unsupported by substantial evidence. 5 U.S.C.
§ 7703(c) (2000); Yates v. Merit Sys. Prot. Bd., 145 F.3d 1480, 1483 (Fed. Cir. 1998).
To qualify for CSRS retirement benefits, Quiambao must show that he satisfies
the requirements of 5 U.S.C. § 8333 and that he is not excluded under any provision
limiting CSRS coverage. 5 U.S.C. § 8333 (2000); 5 U.S.C. § 8347(g) (2000); Rosete v.
Office of Pers. Mgmt., 48 F.3d 514, 516 (Fed. Cir. 1995). While Quiambao was an
employee of the federal government, we have held repeatedly that employees serving
in indefinite appointments made after January 23, 1955, are expressly excluded from
CSRS coverage under 5 C.F.R. § 831.201(a)(13). Casilang v. Office of Pers. Mgmt.,
248 F.3d 1381, 1383 (Fed. Cir. 2001); Rosete, 48 F.3d at 516-17. The Board’s decision
is affirmed.
No costs.
06-3024 2