Jo Ann Lindley, Petitioner, v. Office of Personnel Management, Respondent, 895 F.2d 1420 (Fed. Cir. 1990)

DECISION

Jo Ann Lindley appeals a decision of the full Merit Systems Protection Board (board), docket no. DA08318810634, denying her petition for review of the Administrative Judge's decision sustaining the Office of Personnel Management's decision that she was not entitled to survivor annuity benefits as a former spouse of Clyde O. Lindley. We affirm.

OPINION

The record shows that the board fully considered the facts and applied the proper law in this case.

Pursuant to 5 C.F.R. Sec. 831.622 (1988), Lindley is not entitled to a survivor annuity because her former husband retired after May 7, 1985. Even if her former husband had retired prior to that date, Lindley would not be entitled to survivor benefits because her divorce took place before September 14, 1978 and because her former husband's current spouse is entitled to receive the survivor annuity.

As Lindley has failed to establish new and material evidence or demonstrate an erroneous application or interpretation of the law, the board properly denied her appeal pursuant to 5 C.F.R. Sec. 1201.115 (1989).

Therefore, the board's decision is not arbitrary, capricious, or an abuse of discretion, or obtained without procedures required by the applicable law. See Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984).