United States Federal Circuit

When a divorce decree divides marital property, but defers division of community interest in the Federal Employee's Civil Service Pension and does not award a survivor annuity, a subsequent order that does award such an annuity is a modification of the divorce decree.

Appellate Information

• Decided 08/17/2001
• Published 08/17/2001

Judges

• SCHALL, Circuit Judge., Before MICHEL, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Carl V. Angelis, Counselor at Law, of Washington, DC, argued for petitioner.


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