E. Francis Reidenbaker, Petitioner, v. Office of Personnel Management, Respondent, 878 F.2d 1445 (Fed. Cir. 1989)

DECISION

The decision of the Merit Systems Protection Board (board), No. AT08318810288, affirming the Office of Personnel Management's (OPM) reconsideration decision denying E. Francis Reidenbaker's (Reidenbaker) application for a survivor annuity, is affirmed.

OPINION

Because Reidenbaker failed to prove that her husband's election of an unreduced single life annuity and waiver of his right to elect a survivor annuity for his wife was not voluntary, the board correctly affirmed OPM's reconsideration decision. See Frantz v. Office of Personnel Management, 778 F.2d 783, 786 (Fed. Cir. 1987). When an individual executes a document he is presumed to have the capacity to do so. See Brosnan v. Brosnan, 263 U.S. 345 (1923) (capacity to execute will).