DILWORTH v. OFFICE OF PERSONNEL MANAGEMENT

No. 97-3225.

132 F.3d 712 (1997)

Mary L. DILWORTH, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

December 23, 1997.


Attorney(s) appearing for the Case

Mark A. Greidinger, Attorney, of Springfield, VA, argued for petitioner.

John P. Sholar, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Assistant Director. Of counsel were Elizabeth C. Coombe, Attorney, Department of Justice, of Washington, DC and, Murray M. Meeker, Attorney, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Before LOURIE, RADER and SCHALL, Circuit Judges.


LOURIE, Circuit Judge.

Mary L. Dilworth petitions for review of the final decision of the Merit Systems Protection Board sustaining the termination of her survivor annuity in light of her remarriage before the age of fifty-five. Dilworth v. Office of Personnel Management, 73 M.S.P.R. 458 (M.S.P.B.1997). Because we hold that the remarriage restriction in 5 U.S.C. § 8341(b)(3) (1994) applies to the entirety of 5 U.S.C. § 8341(b), Dilworth is precluded...

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