BOTTRELL v. OFFICE OF PERSONNEL MANAGEMENT

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Docket Number

Appeal No. 88-3214.

Attorney(S)

John C. Morrison, Kiefer Morrison, Alexandria, Va., argued, for petitioner. Robert A. Reutershan, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With him on the brief, were John R. Bolton, Asst. Atty. Gen., and David M. Cohen, Director. Also on the brief, were James M. Strock, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Jill Gerstenfield, Office of the Gen. Counsel, Office of Personnel Management, of counsel.

Judges

Daniel Mortimer Friedman
Phillip Benjamin Baldwin
Haldane Robert Mayer

Acts

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

Appeal No. 88-3214.

Attorney(S)

John C. Morrison, Kiefer Morrison, Alexandria, Va., argued, for petitioner. Robert A. Reutershan, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With him on the brief, were John R. Bolton, Asst. Atty. Gen., and David M. Cohen, Director. Also on the brief, were James M. Strock, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Jill Gerstenfield, Office of the Gen. Counsel, Office of Personnel Management, of counsel.

Judges

Daniel Mortimer Friedman
Phillip Benjamin Baldwin
Haldane Robert Mayer

Acts

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MARLYN J. BOTTRELL, PETITIONER, v. OFFICE OF PERSONNEL MANAGEMENT, RESPONDENT.

PER CURIAM.

The Office of Personnel Management (OPM) denied Marlyn Bottrell's request for survivor benefits as the former spouse of a deceased federal employee. OPM ruled that her divorce decree did not "expressly provide for" a survivor annuity on its face as required by 5 U.S.C. § 8341(h)(1) (Supp. IV 1986). It also concluded that Bottrell was not a designated beneficiary under 5 U.S.C. § 8342(c) (1982), and therefore not entitled to a lump-sum benefit.

The decision of the Merit Systems Protection Board, 36 M.S.P.R. 338 (1988), sustaining OPM's denial of survivor benefits is affirmed on the basis of the Board's opinion which we adopt.

AFFIRMED.

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MARLYN J. BOTTRELL, PETITIONER, v. OFFICE OF PERSONNEL MANAGEMENT, RESPONDENT.

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