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Hayward v. Office of Personnel Management

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Before SCHALL, GAJARSA, and DYK, Circuit Judges.

Linda L. Hayward (“Ms. Hayward”) petitions for review of the final decision of the Merit Systems Protection Board (“Board”), which affirmed the reconsideration decision of the Office of Personnel Management (“OPM”) finding the Qualified Domestic Relations Order (“QDRO”) submitted by Ms. Hayward’s attorney unacceptable for processing and denying Ms. Hayward a former spouse survivor annuity under the Civil Service Retirement System (“CSRS”). Hayward v. Office of Pers. Mgmt., 109 M.S.P.R. 13 (2008) (“Final Decision”). Because we conclude that the QDRO, which Ms. Hayward’s attorney submitted to OPM, meets the requirements set forth in 5 U.S.C. § 8341(h)(1) and 5 C.F.R. § 838.803, we conclude that Ms. Hayward is entitled to have OPM process the QDRO with respect to her claimed former spouse survivor annuity. We therefore reverse the decision of the Board.

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