Betty June Thomas, Petitioner, v. Office of Personnel Management, Respondent, 878 F.2d 1446 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 878 F.2d 1446 (Fed. Cir. 1989) June 9, 1989

Before MARKEY, Chief Judge, and MAYER and MICHEL, Circuit Judges.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board (board), No. SF08318810577, affirming the Office of Personnel Management's (OPM) reconsideration decision denying Betty June Thomas' (Thomas') application for a survivor annuity, is affirmed.

OPINION

The board correctly affirmed OPM's reconsideration decision regardless of whether pre- or post-CSRSEA law controls. Pre-CSRSEA law is unavailing, Thomas having neither been named as a beneficiary or securing entitlement in a divorce decree or agreement. See 5 U.S.C. § 8341 (Supp.1971, 1974, 1980). Post-CSRSEA law is likewise unavailing, 5 C.F.R. Sec. 831.622(a) (1) (iii) conditioning eligibility, inter alia, upon former spouses not remarrying before reaching age fifty-five.

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