United States Federal Circuit

A decision of the Merit Systems Protection Board upholding a denial of petitioner's claim for enhanced annuity benefit credits as a firefighter is affirmed where the Board correctly found that neither the job descriptions of positions that petitioner held nor his actual primary duties met the statutory definition of "firefighter" under either the statute establishing the Civil Service Retirement System or the superseding Federal Employee Retirement System.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• W. Craig James, Mauk & Burgoyne, of Boise, Idaho, argued for petitioner.


• For Appellees:
  
• Roger A. Hipp, Trial 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, and Deborah A. Bynum, Assistant Director.