[Redacted], Kyle S., 1 Petitioner,v.Kiran Ahuja, Director, Office of Personnel Management, Agency.

Equal Employment Opportunity Commission

Dec 19, 2022

Petition No. 2022005059 (E.E.O.C. Dec. 19, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Kyle S.,1 Petitioner, v. Kiran Ahuja, Director, Office of Personnel Management, Agency. Petition No. 2022005059 MSPB No. PH-0842-22-0006-I-1 DENIAL OF CONSIDERATION On September 6, 2022, Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC or Commission) asking for review of a final order issued by the Merit Systems Protection Board (MSPB) concerning the Agency’s denial of his application for deferred retirement annuity benefits. For the following reasons, we DENY consideration of the petition. At the time of events giving rise to this complaint, Petitioner was a retired Postal Service worker. He worked for the Postal Service from December 1985 until June 1998. In June 2020, Petitioner applied for deferred retirement annuity benefits. After the Agency found him to be ineligible for the requested benefits, Petitioner appealed the Agency’s decision to the MSPB. Following a hearing, the assigned MSPB Administrative Judge issued an initial decision affirming the Agency’s denial. That decision was ultimately upheld by the Board on August 19, 2022. Petitioner subsequently filed the instant petition. EEOC regulations provide that the Commission has jurisdiction over allegations of discrimination raised in connection with an action appealable to the MSPB. See 29 C.F.R. § 1614.302. Here, the MSPB did not address any claims within our jurisdiction. Because the MSPB did not address any matters our jurisdiction, we have no jurisdiction to review the petition. Consequently, we DENY the petition for review. 1 This case has been randomly assigned a pseudonym which will replace Petitioner’s name when the decision is published to non-parties and the Commission’s website. 2 2022005059 PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0610) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. You have the right to file a civil action in an appropriate United States District Court, based on the decision of the Merit Systems Protection Board, within thirty (30) calendar days of the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Petitioner’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations December 19, 2022 Date