United States Federal Circuit

The computation of plaintiff-air traffic controller's retirement annuity is reversed where the Office of Personnel Management's implementing regulation is inconsistent with the deemed annual pay methodology of 5 U.S.C. section 8339(p) when calculating the 50% minimum annuity for air traffic controllers.

Appellate Information

• Decided 08/31/2004
• Published 08/31/2004

Judges

• GAJARSA, Circuit Judge., Before RADER, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael L. Spekter, of Washington, DC, argued for petitioner.


• For Appellees:
  
• Steven J. Abelson, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director, Kathryn A. Bleecker, Assistant Director, and Virginia G. Farrier, Attorney.   Of counsel on the brief was Earl Sanders, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.