William R. Vagg v. Office of Personnel Management

SMITH, Senior Circuit Judge.

William R. Vagg appeals from the 25 June 1992 order of the Merit Systems Protection Board (Board) 1 denying his petition for review of the Board’s initial decision, 2 which affirmed the 10 June 1991 reconsideration decision of the Office of Personnel Management (OPM). The Board held that Vagg’s divorced spouse is entitled to 48.49% of Vagg’s gross civil service retirement annuity computed on the basis of a hypothetical deferred annuity under 5 U.S.C. § 8338, effective on the date of Vagg’s actual retirement on the grounds of disability pursuant to 5 U.S.C. § 8337,…