Shaw v. District of Columbia Police & Firefighters' Retirement & Relief Board

GLICKMAN, Associate Judge:

Petitioner Kenneth L. Shaw challenges the calculation of his annuity by the District of Columbia Police and Firefighters’ Retirement and Relief Board (hereinafter referred to as “the Retirement Board” or “the Board”). We agree with Shaw that the Retirement Board’s calculation rests on a determination of his earning capacity that is not supported by substantial evidence of available jobs that Shaw has the capacity to perform. We remand this case for a redetermination of Shaw’s retirement annuity.

I

Shaw was appointed to the District of Columbia Metropolitan Police…