Janusz v. Gilliam

GREENE, Judge.

This case involves the interpretation of a Voluntary Separation and Property Settlement Agreement (“the Agreement”) entered into between Margaret Virginia Janusz and Francis Peter Gilliam. In their Agreement, which was incorporated, but not merged, into the judgment of divorce, the parties agreed that Mr. Gilliam would maintain in effect his survivor’s annuity 1 with the federal Civil Service Retirement System, for the benefit of Ms. Janusz. Unfortunately, upon the grant of their divorce, Ms. Janusz became ineligible, pursuant to federal law, 5 C.F.R. § 838.802(b) (2008), to…