Legal Opinion

Bruce A. Bracey v. Office of Personnel Management

Court of Appeals for the Federal Circuit

Decided January 17, 2001No. 00-3034PublishedCited by 7 opinions

1Opinion of the Court

BRYSON, Circuit Judge.

This case raises an important question regarding the eligibility of federal civilian employees for disability retirement. The Office of Personnel Management (OPM) and the Merit Systems Protection Board ruled that an employee is ineligible for disability retirement as long as the employee is retained at the same grade and pay, even if the employee is unable to perform the duties of his official position, and even if he is not transferred to a vacant position within the agency. Because that ruling is contrary to the language of the governing statute and regulations, we…

2Cases cited4 opinions

  1. Lindahl v. Office of Personnel ManagementSupreme Court of the United States · 1985
  2. Terry J. Shiring v. Marvin T. Runyon, Postmaster General, United States Postal ServiceCourt of Appeals for the Third Circuit · 1996
  3. Michael A. Mengine v. Marvin Runyon, Post Master General, U.S. Postal ServiceCourt of Appeals for the Third Circuit · 1997
  4. Cerrano v. FleishmanCourt of Appeals for the Second Circuit · 1964

3Cited by7 opinions

  1. Frank E. Marino v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 2001
  2. Reilly v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 2009
  3. Office of the Architect of the Capitol v. Office of Compliance, and Juanita JohnsonCourt of Appeals for the Federal Circuit · 2004
  4. Bergman v. PaulsonDistrict Court, District of Columbia · 2008
  5. Damon J. Brown v. Department of Defense, Merit Systems Protection Board2014

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