Harry M. Dyer, Petitioner, v. Merit Systems Protection Board, Respondent, 909 F.2d 1495 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 909 F.2d 1495 (Fed. Cir. 1990) July 13, 1990

Before MARKEY, MAYER and LOURIE, Circuit Judges.

DECISION

PER CURIAM.


The decision of the Merit Systems Protection Board, Docket No. AT831M8810156 (February 8, 1990), affirming the initial decision of the administrative judge as modified to sustain the Office of Personnel Management's decision to recompute Dyer's civil service retirement annuity and collect an overpayment is affirmed on the basis of the board's opinion and those portions of the administrative judge's opinion left undisturbed by the board.

OPINION

The board correctly held that 5 U.S.C. § 8332(j) applies to Dyer, notwithstanding his waiver of military retired pay and his failure to apply for Social Security benefits. Section 8332(j) required OPM to recompute Dyer's civil service retirement annuity when he reached age 62 to exclude credit for military service performed after December 1956. The board was correct in holding that Dyer failed to show that he was entitled to a waiver of recoupment of the overpayment that resulted from OPM's delay in recomputing Dyer's annuity.

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