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Wallace v. Office of Personnel Management

Back Pay Act did not authorize payment of interest on government's back payments of plaintiff's formerly-underpaid retirement pay.

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Appealed from: Merit Systems Protection Board

Chester A. Wallace petitions for review of the final decision of the Merit Systems Protection Board denying his petition for enforcement of the Board’s final order in Wallace v. OPM, No. 831M-00-0094-I-1, slip op. at 6 (MSPB Apr. 17, 2000) (“Wallace I”), in which the Board ordered OPM to pay Wallace back retirement benefits. Wallace asserted that the Board’s order also entitles him to interest on those benefits pursuant to the Back Pay Act, 5 U.S.C � 5596. Wallace v. OPM, No. DE-831M-00-0094-C-1, slip op. at 3 (MSPB Oct. 11, 2000) (“Wallace II”). Because the Board did not err in denying his petition for enforcement, we affirm.

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