OPM argues that Billinger is not covered by a leave system established by Congressional legislation, and summarily states that the Joint Committee s memoranda and Policy Manual do not constitute the written rules required for a formal leave system. OPM further contends that the Board lacks jurisdiction to review an employing agency s certification regarding retirement matters. We agree with Billinger that he is entitled to service credit for his unused sick leave because he was covered under a formal leave system. Under the relevant regulation, a formal leave system is defined as one which is provided by law or regulation or operates under written rules specifying a group or class of employees to which it applies and the rate at which sick leave is earned. X OPM argues that Billinger is not covered by a formal leave system established pursuant to legislation.
Sick leave is accrued monthly. . . .
In general, unused sick leave can be carried over from one year to the next. Likewise, Joint Committee memoranda state that staff members are granted ten days of sick leave each year, and that sick leave is carried over from one year to the next. Accordingly, these documents constitute the requisite written rules that qualify the Joint Committee s sick leave program as a formal leave system. X The only other support that OPM offers for its position that Billinger is not covered by a formal leave system, relied on in part by the Board, is the certification by the Human Resources Specialist of the U.S. House of Representatives that Billinger had no unused sick leave covered under a formal leave system. Here, the OPM s reliance on the Human Resources Specialist s certification constitutes an agency determination that affects Billinger s rights under the CSRS, and it is therefore reviewable by the Board.