Ann C. Brown v. Office of Personnel Management

Federal Circuit

Ann C. Brown v. Office of Personnel Management

872 F.2d 401, 1989 U.S. App. LEXIS 2928, 1989 WL 31601

CourtCourt of Appeals for the Federal Circuit

DecidedMarch 13, 1989

Docket89-3038

StatusUnpublished

Cited by4 cases

This text of 872 F.2d 401 (Ann C. Brown v. Office of Personnel Management) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ann C. Brown v. Office of Personnel Management, 872 F.2d 401, 1989 U.S. App. LEXIS 2928, 1989 WL 31601 (Fed. Cir. 1989).

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Opinion

PER CURIAM.

The decision of the Merit Systems Protection Board (board), 38 M.S.P.R. 357 (1988), affirming as modified the board’s initial decision sustaining the Office of Personnel Management’s denial of Ann C. Brown’s (Brown’s) application for death benefits, is affirmed.

OPINION

Brown’s argument for entitlement to Federal Employee’s Retirement System (FERS) benefits fails because Congress made eligibility for FERS benefits expressly contingent on the completion of at least eighteen months of civilian service. See 5 U.S.C. § 8442(b)(1) (1982); cf. Tirado v. Department of the Treasury, 757 F.2d 263, 264-65 (Fed.Cir.1985) (rejecting similar argument in CSRS disability and non-disability retirement context because those provisions “very specifically” require 5 years of “civilian service” for eligibility).

That section 8442(b)(1) says “civilian service creditable under section 8411” and section 8411(c)(1)(A) allows credit for military service prior to 1957 does not change the basic requirement of section 8442 that creditable service must be civilian service to establish eligibility. That creditable military service counts toward computation of a survivor annuity, see 5 U.S.C. § 8411(c)(4)(A)(ii) (1982), does not mean that military service establishes eligibility for benefits in the first place.

AFFIRMED.

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PER CURIAM.

The decision of the Merit Systems Protection Board (board), 38 M.S.P.R. 357 (1988), affirming as modified the board’s initial decision sustaining the Office of Personnel Management’s denial of Ann C. Brown’s (Brown’s) application for death benefits, is affirmed.

OPINION

Brown’s argument for entitlement to Federal Employee’s Retirement System (FERS) benefits fails because Congress made eligibility for FERS benefits expressly contingent on the completion of at least eighteen months of civilian service. See 5 U.S.C. § 8442(b)(1) (1982); cf. Tirado v. Department of the Treasury, 757 F.2d 263, 264-65 (Fed.Cir.1985) (rejecting similar argument in CSRS disability and non-disability retirement context because those provisions “very specifically” require 5 years of “civilian service” for eligibility).

That section 8442(b)(1) says “civilian service creditable under section 8411” and section 8411(c)(1)(A) allows credit for military service prior to 1957 does not change the basic requirement of section 8442 that creditable service must be civilian service to establish eligibility. That creditable military service counts toward computation of a survivor annuity, see 5 U.S.C. § 8411(c)(4)(A)(ii) (1982), does not mean that military service establishes eligibility for benefits in the first place.

AFFIRMED.

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872 F.2d 401, 1989 U.S. App. LEXIS 2928, 1989 WL 31601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ann-c-brown-v-office-of-personnel-management-cafc-1989.

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