Mary v. Lonzollo, Petitioner, v. Office of Personnel Management, Respondent, 891 F.2d 299 (Fed. Cir. 1989)

Mary V. Lonzollo appeals from a decision of the Merit Systems Protection Board (board), No. CHO8318910269, affirming the Office of Personnel Management's denial of her application for an insurable interest annuity as the surviving sister of a former federal employee. We affirm.

OPINION

The facts in this case are not in dispute and the board applied the correct law. Retirement under 5 U.S.C. § 8337 (1988) precludes election of an insurable interest annuity. See 5 C.F.R. § 831.606 (1989). That the statute "is antiquated" and "should be changed in cases of extenuating circumstances" is for Congress, and not for this court, to decide. See Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 576 (1982).