United States Federal Circuit

Respondent's failure to notify petitioner's former spouse of the annuity election options under 5 USC 8339, combined with the decedent's intent to continue accepting reduced annuity benefits, entitles petitioner to a former spouse survivor annuity.

Appellate Information

• Decided 03/06/2001
• Published 03/06/2001

Judges

• DYK, Circuit Judge., Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Herbert Karasin, of Reading, PA, for petitioner.


• For Appellees:
  
• Mark L. Josephs, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent.   With him on the brief were David M. Cohen, Director;  and Kirk T. Manhardt, Assistant Director.   Of counsel on the brief was Earl A. Sanders, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.