Fern C. Meredith, Petitioner, v. Office of Personnel Management, Respondent, 864 F.2d 148 (Fed. Cir. 1988)Annotate this Case
Before MARKEY, Chief Judge, and RICH and EDWARD S. SMITH, Circuit Judges.
Fern C. Meredith (Meredith) appeals from a decision of the Merit Systems Protection Board (Board), docket SF08318710680, affirming the Office of Personnel Management's denial of her requests for a spouse's survivor annuity and lump sum death benefit. We affirm and remand.
The Board's decision cannot be reversed under the statutory criteria. 5 U.S.C. § 7703(c) (1982). Meredith was divorced from Mr. Meredith when he died; she was married to him for only four years; he had withdrawn more than he had paid in. We remand with instructions to pay Meredith $1,519.94 (correcting a government-admitted error in calculating the pro rata portion of an annuity accrued before Mr. Meredith died).