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Malette v. Department of Treasury
Citation: 89 F. App'x 695Docket: No. 03-3271
Court: Court of Appeals for the Federal Circuit; March 1, 2004; Federal Appellate Court
Erick M. Malette appeals a Merit Systems Protection Board decision affirming the Office of Personnel Management's (OPM) ruling that he is not eligible for relief under the Federal Erroneous Retirement Coverage Corrections Act (FERCCA). Malette, an IRS criminal investigator, was incorrectly designated under the Civil Service Retirement System (CSRS) instead of the Federal Employees’ Retirement System (FERS) upon his appointment in 1987. The IRS issued a correction in 1990, changing his retirement plan designation to FERS, effective back to 1989. Malette sought relief under FERCCA, which allows corrections of retirement coverage errors, but OPM denied his claim, stating the error did not persist for more than three years post-1986, as required by FERCCA. After appealing to the Merit Systems Protection Board, Malette argued that the IRS failed to correct various records reflecting the change from CSRS to FERS. However, the administrative judge found that the original error was corrected with the 1990 Form 50, which was within the three-year period specified by FERCCA. The judge determined that other alleged errors did not qualify as retirement coverage errors under the statute. The full Board upheld the administrative judge's decision, leading to Malette's appeal. FERCCA provides a remedy for employees incorrectly placed in retirement plans, but eligibility hinges on whether the erroneous designation remained uncorrected for the requisite time. FERCCA allows relief for government employees who experience qualifying retirement coverage errors, specifically those improperly placed in a retirement plan. Mr. Malette claims he is eligible for relief due to ongoing effects from his erroneous placement in the CSRS instead of FERS, asserting that the IRS failed to update his records properly within the three-year window. However, FERCCA defines a qualifying retirement coverage error as an incorrect placement in a retirement plan lasting over three years. Mr. Malette's situation did not meet this criterion, as the IRS corrected his placement to FERS before the three-year threshold, as evidenced by the May 15, 1990, Form 50. Despite inaccuracies in his records, the Form 50 established that he was placed in the correct retirement plan in a timely manner. Mr. Malette argued that the Board wrongly relied on the Form 50 and improperly placed the burden of proof on him, contending that the government should prove the correction. However, under relevant regulations, the appellant must prove their entitlement to benefits. The Board found that Mr. Malette did not demonstrate the necessary proof of ongoing retirement coverage errors and deemed his additional evidence irrelevant. Consequently, the Board concluded that he was not entitled to relief under FERCCA, as the initial error was corrected within the required timeframe.