United States Federal Circuit

Defendant did not provide the husband-employee with the requisite notice of his right to make a post-divorce election of a survivor annuity for his former wife, and the case is remanded to determine whether the husband wishes to make such an election.

Appellate Information

• Decided 05/16/2005
• Published 05/16/2005

Judges

• BRYSON, Circuit Judge., Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael J. Kator, Kator, Parks & Weiser, of Washington, DC, argued for petitioner.   On the brief was Clark B. Williams, Heltzel, Upjohn, Williams, Yandell, Roth, Smith & Petersen, P.C., of Salem, Oregon.


• For Appellees:
  
• Kevin B. Crawford, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Robert E. Kirschman, Jr., Assistant Director, and James D. Colt, Trial Attorney.