Lawrence
Lawrence v. Department Interior
Opinion
Opinion
FACTS
Since June 1976, Lawrence has worked with the BIA as a forester and silviculturalist. The job descriptions for those 5404 LAWRENCE v. DEP’T OF INTERIOR positions did not specify that his duties included fire suppres- sion. Nonetheless, during fire season, Lawrence spent much of his work-time fighting fires.
The Civil Service Retirement System grants an enhanced benefit retirement program to firefighters credited with 20 years of service. 5 U.S.C. § 8336(c)(1). In order to be credited for service as firefighters, employees like Lawrence who serve in positions not approved as firefighting positions must apply for the credit and prove that their duties included fire- fighting. 5 C.F.R. § 831.906(b). In 1987, the Civil Service regulations were changed so that the credit for years of fire- fighting would reach back only one year prior to making such an application. See 5 C.F.R. § 831.906(e). The change was published in the Federal Register. 52 Fed. Reg. 47893 (Dec. 17, 1987). Under the new regulation, existing employees would receive credit for their entire career if they filed before September 30, 1989. 52 Fed. Reg. at 47896.