Legal Opinion

Denney v. Office of Personnel Management

Court of Appeals for the Federal Circuit

Decided February 8, 2013No. 2012-3094PublishedCited by 1 opinion

1Opinion of the Court

MOORE, Circuit Judge.

Sheri Lynn Denney appeals from the decision of the Merit Systems Protection Board (Board) sustaining the Office of Personnel Management’s (OPM) determination that “availability pay” should not be included in the calculation of Ms. Denney’s retirement annuity. Denney v. OPM, 117 M.S.P.R. 269 (2012). For the reasons set forth below, we affirm.

Background

Ms. Denney served as a criminal investigator or special FBI agent from 1983 until her retirement in 2008. From 1983 until early 2001, Ms. Denney was eligible for and received “availability pay” under 5 U.S.C. § 5545a.…

2Cases cited3 opinions

  1. Chester A. Wallace v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 2002
  2. Ramon J. Martinez v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1997
  3. Caven v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2004

3Cited by1 opinion

  1. Roman v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 2013

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