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TRUE v. OFFICE OF PERSONNEL MANAGEMENT

No. 90-3310.

926 F.2d 1151 (1991)

Gordon R. TRUE, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 25, 1991.

Attorney(s) appearing for the Case

Sophia E. Davis, Cohen, Weiss & Simon, New York City, argued, for amicus curiae, Nat. Ass'n of Letter Carriers, AFL-CIO. With her on the brief was Keith E. Secular. Also on the brief, for amicus curiae was Sally M. Tedrow, O'Donoghue & O'Donoghue, Washington, D.C. Gordon R. True, Corinth, Ky., filed a brief pro se.

Hillary Stern, Dept. of Justice, Washington, D.C., argued, for respondent. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Catherine A. Christman, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief, for respondent.

Before MARKEY, ARCHER and MICHEL, Circuit Judges.

MARKEY, Circuit Judge.

Gordon True, a retired employee of the United States Postal Service, appeals the March 13, 1990 final decision of the Merit Systems Protection Board (Board), No. SL08318910291, holding that Mr. True was not entitled to a redetermined annuity under 5 U.S.C. § 8344(a) (1988) because he had not completed five years of actual service after becoming reemployed. 44 M.S.P.R. 251. The Board held that he was entitled only to a supplemental annuity...

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