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SPRINGER v. ADKINS

No. 2007-3180.

525 F.3d 1363 (2008)

Linda M. SPRINGER, Director, Office of Personnel Management, Petitioner, v. James R. ADKINS, Respondent, and Merit Systems Protection Board, Respondent.

United States Court of Appeals, Federal Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

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.

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.

Before NEWMAN, MAYER and LOURIE, Circuit Judges.

MAYER, Circuit Judge.

The Office of Personnel Management ("OPM") appeals the final decision of the Merit Systems Protection Board in Docket No. DE-0842-05-0280-R-1 granting James R. Adkins an increased annuity payment under the Federal Employees' Retirement System ("FERS"). Because the board correctly interpreted the statutes governing FERS in light of Pitsker v. Office of Pers. Mgmt., 234 F.3d 1378 (Fed. Cir.2000), we affirm...

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