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Weeks v. Office of Personnel Management

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Lorena W. Weeks petitions for a review of a final decision of the Merit Systems Protection Board (“Board”), affirming the Office of Personnel Management’s (“OPM”) denial of Weeks’ request for the maximum survivor annuity benefit based on the federal service of her late husband. Weeks v. Office of Pers. Mgmt., No. AT-0841-00-0306-I-1 (Apr. 25, 2000). Because the Board did not abuse its discretion or misapply the law in affirming OPM’s determination, we affirm.

BACKGROUND

Lorena W. Weeks is the widow of William B. Weeks, a former employee of the United States Postal Service who retired in September of 1983 and passed away in January of 1999. Prior to his retirement, Mr. Weeks filled out an Application for Immediate Retirement, Form 2801, on which he chose a reduced annuity with a survivor annuity for his spouse equal to a lesser survivor benefit of fifty-five percent of $3,600.00 per year. In order to elect such a reduced annuity, Mr. Weeks was required to have Mrs. Weeks sign an accompanying Form 2801-2. The purpose of Form 2801-2 is to inform the spouse that a less than maximum survivor annuity has been elected. The record shows, and Mrs. Weeks does not deny, that she signed a form 2801-2 in the presence of two witnesses.

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