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DENNEY v. OFFICE OF PERSONNEL MANAGEMENT

No. 2012-3094.

706 F.3d 1360 (2013)

Sheri Lynn DENNEY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 8, 2013.

Attorney(s) appearing for the Case

Richard L. Swick , Swick & Shapiro, P.C., of Washington, DC, argued for petitioner.

Hillary A. Stern , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director.

Before MOORE, SCHALL, and BRYSON, Circuit Judges.

MOORE, Circuit Judge.

Sheri Lynn Denney appeals from the decision of the Merit Systems Protection Board (Board) sustaining the Office of Personnel Management's (OPM) determination that "availability pay" should not be included in the calculation of Ms. Denney's retirement annuity. Denney v. OPM, 117 M.S.P.R. 269 (2012). For the reasons set forth below, we affirm.

BACKGROUND

Ms. Denney served as a criminal investigator or special FBI...

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