United States Federal Circuit

Because the federal statute, 5 USC 8442(b), is silent as to whether a killer's estate may receive federal death benefits earned by his or her victim under the Federal Employees Retirement System, state law may prevent the estate from collecting benefits the victim earned.

Appellate Information

• Decided 07/19/2001
• Published 07/19/2001

Judges

• MICHEL, Circuit Judge., Before MICHEL, LOURIE, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• H. Bayne Smith, of Piedmont, AL, for petitioner.


• For Appellees:
  
• David Feniger, 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 Kathryn A. Bleeker, Assistant Director.   Of counsel was Lance J. Lerman.