Helen Passaro, Individually and as of the Estate of Ramon Passaro v. The United States

BENNETT, Circuit Judge.

The government appeals a judgment entered against it on October 23, 1984, by the United States Claims Court following its opinions in Passaro v. United States, 4 Cl.Ct. 395 (1984), and 5 Cl.Ct. 754 (1984). The judgment awarded the widow of a military retiree an accrued annuity and future benefits under the Armed Forces Survivor Benefit Plan, Pub.L. No. 92-425, 86 Stat. 706-713 (1972). 1 The appeal presents narrow but significant issues of Claims Court jurisdiction and statutory interpretation. We vacate and remand.

I

The Survivor Benefit Plan (SBP) was enacted on…