United States Federal Circuit
Fitzgerald v. Dep't of Homeland Security, 2015-3154
In a suit brought by an employee of U.S. Customs and Border Protection, challenging a final decision of the Merit Systems Protection Board that sustained the denial by the Agency of her request for secondary Customs and Border Protection Officer (CBPO) retirement credit based upon her service as an Instructor at Federal Law Enforcement Training Center (FLETC), the Board's final decision is affirmed where: 1) 5 C.F.R. sections 842.1002 and 842.1003(c)(2) are not invalid, because they do not impermissibly contradict the plain language or purpose of 5 U.S.C. section 8401 and because they are based on a permissible construction of the statute; and 2) the Board's final decision, which affirmed the Agency's denial of petitioner's request for retirement credit, is supported by substantial evidence.
Appellate Information
- Published 2016/09/20
Judges
- SCHALL
Court
- United States Federal Circuit