5 CFR 1201.56 - Burden and degree of proof.
(b)Burden and degree of proof -
(B) The timeliness of the appeal; and
(C) Affirmative defenses.
(ii) In appeals from reconsideration decisions of the Office of Personnel Management (OPM) involving retirement benefits, if the appellant filed the application, the appellant has the burden of proving, by a preponderance of the evidence (as defined in § 1201.4(q)), entitlement to the benefits. Where OPM proves by preponderant evidence an overpayment of benefits, an appellant may prove, by substantial evidence (as defined in § 1201.4(p)), eligibility for waiver or adjustment.
(c)Affirmative defenses of the appellant. Under 5 U.S.C. 7701(c)(2), the Board is required to reverse the action of the agency, even where the agency has met the evidentiary standard stated in paragraph (b) of this section, if the appellant:
(2) Shows that the decision was based on any prohibited personnel practice described in 5 U.S.C. 2302(b); or
(3) Shows that the decision was not in accordance with law.
Title 5 published on 14-Nov-2018 03:36
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 1201 after this date.
- 5 CFR 843.403 — Proof of Parentage.
- 5 CFR 880.203 — Missing Annuitant Status and Suspension of Annuity.
- 5 CFR 1208.16 — Appeals Under Another Law, Rule, or Regulation.
- 5 CFR 1210.3 — Application of Practices and Procedures to Appeals Filed Under This Part.
- 5 CFR 831.671 — Proof of Eligibility for a Child's Annuity.