United States Federal Circuit

The Office of Personnel Management reasonably classified smoke jumpers' employment as intermittent, so that denial of retirement credit for nonwork periods was proper; the policy granting service credit for nonpay periods should not be applied retroactively.

Appellate Information

• Decided 05/30/2002
• Published 05/30/2002

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, RADER and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Marian E. Sullivan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Todd M. Hughes, Assistant Director.   Of counsel on the brief was Hugh Maxwell, Attorney, Office of General Counsel, United States Forest Service, of Arlington, VA.