Joseph P. Roman v. Central Intelligence Agency

BRYSON, Circuit Judge.

Petitioner Joseph P. Roman seeks review of a decision of the Merit Systems Protection Board upholding the method by which the Central Intelligence Agency computed his survivor annuity under the Federal Employees’ Retirement System (“FERS”). Because the agency misapplied the relevant statute and regulations, we reverse.

I

Mr. Roman’s wife, Laurie C. Roman, began work at the CIA as a contract officer on August 10, 1986, at which time she became a participant in FERS. Mrs. Roman worked at the agency full time until August 17, 1992, when she began a period of leave without pay…