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ROMAN v. C.I.A.

No. 01-3372.

297 F.3d 1363 (2002)

Joseph P. ROMAN, Petitioner, v. CENTRAL INTELLIGENCE AGENCY, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: July 29, 2002.

Attorney(s) appearing for the Case

Joseph P. Roman, of Herndon, Virginia, pro se.

Matthew P. Reed, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Franklin E. White, Jr., Assistant Director. Of counsel was Nancy M. Olson, Attorney, Office of the General Counsel, Central Intelligence Agency, of Washington, DC.

Before CLEVENGER, BRYSON, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

Petitioner Joseph P. Roman seeks review of a decision of the Merit Systems Protection Board upholding the method by which the Central Intelligence Agency computed his survivor annuity under the Federal Employees' Retirement System ("FERS"). Because the agency misapplied the relevant statute and regulations, we reverse.

I

Mr. Roman's wife, Laurie C. Roman, began work at the CIA as a contract officer on August 10, 1986, at which...

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