Curdy v. Department of Agriculture

MAYER, Chief Judge.

Willis Curdy, et al, appeal the decision of the Merit Systems Protection Board denying them retirement credit for non-work periods prior to October 1, 1980. Willis Curdy v. Dep’t of Agric., DE-0831000270-1-3 (M.S.P.B. May 15, 2001). Because the board properly applied Bain v. Office of Personnel Management, 978 F.2d 1227 (Fed.Cir.1992), we affirm.

Background

A federal employee may receive service credit toward retirement for leaves of absence without pay (“LWOP”) of up to six months annually. 5 U.S.C. § 8332(f) (2000). The Office of Personnel Management, however, may exclude…