Fern C. Meredith, Petitioner, v. Office of Personnel Management, Respondent, 864 F.2d 148 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 864 F.2d 148 (Fed. Cir. 1988) Nov. 8, 1988

Before MARKEY, Chief Judge, and RICH and EDWARD S. SMITH, Circuit Judges.

PER CURIAM.


DECISION

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.

OPINION

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 Meredith when he died; she was married to him for only four years; he had withdrawn more than he had paid in.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).