United States Federal Circuit
Denny v. Office of Personnel Management, 12-3094
The plain meaning of the relevant statutes demonstrates that the forms of additional pay, including "availability pay", enumerated in 5 USC section 8331(3) are part of basic pay for retirement annuity purposes only when an employee was eligible for and received such additional pay during the employee's high three years of service, and because petitioner did not receive availability pay during the pertinent period, availability pay was appropriately excluded from her annuity calculation.
Appellate Information
- Decided 02/08/2013
- Published 02/08/2013
Judges
- MOORE
Court
- United States Federal Circuit