MORAN v. OFFICE OF PERSONNEL MANAGEMENT,

No. 02-3053.

310 F.3d 1382 (2002)

John MORAN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 21, 2002.


Attorney(s) appearing for the Case

Stephen F. Shea, Elkind Shea & Wasitis, of Silver Spring, MD, argued for petitioner.

Kyle E. Chadwick, Trial Attorney, of Washington, DC, argued for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Jr., Assistant Director.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

The issue is whether the Merit Systems Protection Board ("Board") properly upheld the Office of Personnel Management ("OPM")'s determination that an amended court order reducing a former spouse's survivor benefits provided in a divorce decree was a "modification" of that decree that 5 U.S.C. § 8341(h)(4) barred OPM from considering because it was issued after the federal employee's retirement. We affirm.

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