Flynn v. United States

OPINION

FIRESTONE, Judge.

This case comes before the court on defendant’s motion to dismiss for failure to state a claim, pursuant to Rule 12(b)(4) of the Rules of the Court of Federal Claims (“RCFC”). At issue is whether plaintiff, the wife of a deceased Navy captain, is eligible for an an*415nuity under the Survivor Benefit Plan (“SBP”), 10 U.S.C. §§ 1447-1455 (1994).

FACTS

Addie Flynn, the surviving spouse of a retired Navy captain, seeks an annuity under the Survivor Benefit Plan. The SBP program allows military retirees to provide for annuity benefits to their survivors upon their death. Under…