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Wood v. Office of Personnel Management

The court reversed and remanded the judgment of the Merit Systems Protection Board, holding that the wife of a deceased former federal employee was entitled to receive a former spouse survivor annuity under the Civil Service Retirement System.

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Appealed from: Merit Systems Protection Board

Maryann A. Wood applied for a former spouse survivor annuity under the Civil Service Retirement System. She claimed entitlement to that benefit on the ground that it had been elected by Bernard Wood, her deceased former spouse and a retired federal employee, or, if not formally elected, that the government’s failure to give the required notice excused Mr. Wood’s failure to make a formal election. The Merit Systems Protection Board (the “Board”) held that Mrs. Wood was not entitled to the benefit because a formal election letter was not submitted to the Office of Personnel Management (“OPM”) within the notification period designated by the applicable statute. We hold that Mrs. Wood is entitled to receive the former spouse survivor annuity, and accordingly reverse and remand for further proceedings consistent with this opinion.

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