United States Federal Circuit

In an action involving a dispute over survivor annuity funds brought by decedent's second wife, petitioner, who had entered into a settlement agreement with decedent's first wife giving the first wife the right to decedent's retirement benefits and transferred funds she had received from the government to the first wife, the order of the Merit Systems Protection Board that petitioner was not entitled to a waiver of recovery of survivor annuity benefits is reversed, where the Board failed to credit substantial evidence demonstrating, in accordance with 5 C.F.R. section 831.1403, that petitioner detrimentally relied on the overpayment of survivor annuity funds.

Appellate Information

• Decided 09/13/2013
• Published 09/13/2013

Judges

• REYNA

Court

• United States Federal Circuit

Counsel