Wigton v. Berry

OPINION

MARK R. HORNAK, District Judge.

The question before the Court is whether it has subject matter jurisdiction to entertain a lawsuit on behalf of federal retirees who assert that the Office of Personnel Management (OPM) is deliberately refusing to properly pay them the annuities to which OPM has conceded they are statutorily entitled, or whether their grievance instead must be channeled only through an administrative review scheme created by Congress. In many ways, this question goes to the heart of this Court’s judicial power under Article III and the applicable statutes.

I. BACKGROUND

The…