2017.11.06.r Emails Re Sec A. Koch To Opm Rs Triggering Retal.

October 31 , 2017
Michael Graham
Legal Administrative Specialist
FERS Annuity Processing Section 2
U.S. Office of Personnel Management
RE: MRA plus 10 Retirement Claim of April 4, 2017 (CSA 8 909 490) –Request for Corrective Action,
Interim Relief, and an Audit Trail
Mr. Graham:
I received your correspondence of Oct. 6, 2017 on or about Friday, October 20th. I perceive your deadline
of thirty days to be arbitrary, capricious, and thus unenforceable. Moreover, I am troubled by your use of
what appears to be a non-approved OPM form which I conclude is intended to induce me under duress to
give up what few rights, benefits, and entitlements of federal employment that remain after nearly twenty
years of federal public service.
As you you admit in the first sentence of your letter, I am and have always been entitled to an immediate
annuity under MRA plus 10.
For the same reason, I am and have always been entitled to keep my health insurance e into retirement
given that even a cursory review of my EOPF file or my Employee Statement (as of Jan. 30, 2017)
demonstrates that I was continuously covered under the FEHB since August 30, 1999 when I entered
federal service as a federal judicial law clerk.
Since receiving your correspondence, I have undertaken the recreation of my own personnel file – a duty
that my former agency’s OHR staff and now OPM Retirement are paid to perform.
First, attached is a Form SF-50 Application for Immediate Annuity to ensure that OPM retirement does not
elevate form over substance -- given that all historical communications with OPM, its employees, or
contractors from April 4, 2017 to the present assured me that my Form R1-92-19 [Deferred or Postponed
Retirement] application of April 5, was simply a means to circumvent my former agency’s retaliatory
conduct including by attempted obstruction of my retirement. Specically, OPM's employee instructed me
to use this particular form in order to get around the regulatory hurdle requiring me to submit an request
for immediate MRA plus 10 under cover of Form SF-50 direct to my former employer (i.e., the same
individuals about whom I made whistleblower report in the first place and for targeted me for retailatory
removal in first place as I have repeatedly to OPM only to learn that Senior Officials and employees are
colluding with my former agency's Senior Officials including the President and Treasurer -NTEU and
others known and not known.
At all relevant times since April 4, 2017, I have been assured that my application would be processed as a
an application for an immediate annuity. And at all relevant times, I have emphasized my desperate need
for health insurance and the circumstances leading up to my unanticipated retirement namely, retaliation
for what should have been protected whistleblowing for systemic retaliatory harassment and bullying for
disclosures specifically protected under the federal sector whistleblower protection laws by senior officials
at the SEC as well as by senior labor organization representatives.
Because of the overly misleading, baseless or nonsensical representations contained in your
correspondence of October 6, I became suspicious and conducted additional due diligence only to learn
that you are treasurer for the local chapter of the AFGE which is closely associated with my former labor
organization the NTEU. Accordingly, I reasonably believe that you have an undisclosed conflict that
precludes you from any independent review of my application for immediate retirement which is
my concern that OPM’s review of my application was well outside outliers of OPM’s typically processing;
specifically, nearly 6 months and that I have yet to even receive a PIN number. In every communication
with OPM retirement services or its contractors since April of 2017 whether in writing or by phone, I have
reported repeatedly that, I received my claim number May 2017 but have yet to receive a password or any
information whatsoever. have been on non-pay status since November 2016 even though I was not
"technically" separated until March 2017.
And that my then-employer, the Securities and Exchange Commission (SEC), made materially false and
misleading representations or omitted information necessary to make the representations not misleading
including on my SF 50 (which I had to obtain independently because the SEC failed to properly provide it to
me). Among other things, the Form SF 50 and other materials provided to me were not applicable to me
because I was and am entitled to an immediate annuity upon separation. Accordingly. all materials and
representations made to me including the entries on my SF 50 were false and or misleading and intended
to obstruct and delay my lawful and claim for an immediate annuity. And more importantly to induce me to
give up my FEHB group health insurance. And in fact, they succeeded to the extent that I was not able to file
my retirement claim in time to maintain my group health insurance.
Your correspondence of October 6, is consistent with the unlawful conduct I have reported for at least two-
years now. You have a conflict. I do not waive it. You have a conflict. I do not waive it. I want you
removed from my case.
I am suffering from severe financial hardship and am extremely distressed by what I reasonably believe is
collaborative harassment and bullying in reprisal for what should be protected disclosures regarding fraud,
waste, and abuse in government as well as conduct which has in the past and continues through the
present to threaten the safety and health of current and former federal employees including physically,
emotionally, and financially.
I seek an investigation and request an audit trail so that I may confirm that no unauthorized employee,
contractor, or third-party has been given unauthorized access to my personnel files. For that reason, I
copy OPM retirement services as well as OPM’s OIG and others whom I hope share my interest in OPM’s
acting in accordance with its own articulated mission of setting the example of model federal governance
and efficiency in stark contrast with the spoils system federal governance which triggered the perceived
need for OPM in the first place. I ask those individuals to grant me interim relief and review for corrective
action beginning the falsely certified Form SF-50. To the extent you do not grant me immediate interim
relief, I will have to apply for Medicaid and I assume you waive any issue with respect to my ability to
eventually get the benefits of which I have deprived since joining the Commission in 2000.
Best,
Uta von Eckartsberg
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October 31 , 2017

Uta von Eckartsberg

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