Bottrell v. Office of Personnel Management

Federal Circuit

Bottrell v. Office of Personnel Management

867 F.2d 1421, 1989 WL 13180

Court of Appeals for the Federal Circuit·Decided February 22, 1989·No. Appeal No. 88-3214·Published·Cited by 1 cases

Opinion

PER CURIAM.

The Office of Personnel Management (OPM) denied Marlyn Bottrell’s request for survivor benefits as the former spouse of a deceased federal employee. OPM ruled that her divorce decree did not “expressly provide for” a survivor annuity on its face as required by 5 U.S.C. § 8341(h)(1) (Supp. IV 1986). It also concluded that Bottrell was not a designated beneficiary under 5 U.S.C. § 8342(c) (1982), and therefore not entitled to a lump-sum benefit.

The decision of the Merit Systems Protection Board, 36 M.S.P.R. 338 (1988), sustaining OPM’s denial of survivor benefits is affirmed on the basis of the Board’s opinion which we adopt.

AFFIRMED.

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PER CURIAM.

The Office of Personnel Management (OPM) denied Marlyn Bottrell’s request for survivor benefits as the former spouse of a deceased federal employee. OPM ruled that her divorce decree did not “expressly provide for” a survivor annuity on its face as required by 5 U.S.C. § 8341(h)(1) (Supp. IV 1986). It also concluded that Bottrell was not a designated beneficiary under 5 U.S.C. § 8342(c) (1982), and therefore not entitled to a lump-sum benefit.

The decision of the Merit Systems Protection Board, 36 M.S.P.R. 338 (1988), sustaining OPM’s denial of survivor benefits is affirmed on the basis of the Board’s opinion which we adopt.

AFFIRMED.

Bottrell v. Office of Personnel Management, 867 F.2d 1421, 1989 WL 13180 (Fed. Cir. 1989).

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