United States Federal Circuit

A decision granting respondent an increased annuity payment under the Federal Employees' Retirement System (FERS) is affirmed where: 1) retirement under 5 U.S.C. section 8451 does not incorporate the age and years of service requirements of section 8412 except where explicitly stated; and 2) the FERS disability annuity provisions require that a firefighter annuitant's benefits be the greater of that which is computed under sections 8452(a) and 8415(d).

Appellate Information

• Decided 05/14/2008
• Published 05/14/2008

Judges

• MAYER, Circuit Judge., Before NEWMAN, MAYER and LOURIE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Dawn S. Conrad, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for petitioner.   With her on the brief were Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.   Of counsel on the brief was Earl A. Sanders, Special Counsel, Office of General Counsel, Office of Personnel Management.


• For Appellees:
  
• Emily Johnson Henn, Covington & Burling, LLP, of Washington, DC, argued for respondent, James R. Adkins.   With her on the brief was Robert A. Long, Jr., Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent, Merit Systems Protection Board.   With him on the brief were B. Chad Bungard, General Counsel, and Rosa M. Koppel, Deputy General Counsel.