Legal Opinion

Constance Horner, Director, Office of Personnel Management v. Raymond Acosta, Merit Systems Protection Board, Intervenor

Court of Appeals for the Federal Circuit

Decided October 8, 1986No. Appeal 84-1160, 85-2187PublishedCited by 44 opinions

1Opinion of the Court

ARCHER, Circuit Judge.

The decision of the Merit Systems Protection Board (MSPB or Board), 19 M.S.P.R. 101, holding that respondents, although not appointed to federal positions during the time periods in issue, were entitled as contract employees to service credit under the Civil Service Retirement Act (CSRA) is reversed.

Background

A. In 1968, the Department of the Navy formed a unit 1 to perform intelligence functions. Because of its special requirements, such as non-attribution and ability to hire, fire, transfer and compensate personnel without regard to the civil service laws, the Navy…

2Cases cited19 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. TestanSupreme Court of the United States · 1976
  3. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  4. Zemel v. RuskSupreme Court of the United States · 1965
  5. United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924

14 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Louise J. Hamlet v. United StatesCourt of Appeals for the Federal Circuit · 1995
  2. Constance Horner, Director, Office of Personnel Management v. Joseph D. JeffreyCourt of Appeals for the Federal Circuit · 1987
  3. Lawrence J. Ainslie v. United StatesCourt of Appeals for the Federal Circuit · 2004
  4. Calvin v. United StatesUnited States Court of Federal Claims · 2005
  5. Christian v. United StatesUnited States Court of Federal Claims · 2017

39 more not listed; retrieve them via the Exa API.

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