Legal Opinion

Passaro v. United States

United States Court of Claims

Decided January 26, 1984No. 669-81 CPublishedCited by 4 opinions

1Opinion of the Court

OPINION

SETO, Judge:

This military pay case is before the court on cross motions for summary judgment. Plaintiff petitions this court to find that the Survivor Benefit Plan (SBP), 10 U.S.C. §§ 1447-1455 (1976 & Supps.), entitles her to an annuity, despite her deceased husband’s election not to participate in the SBP. Plaintiff contends that § 1448(a) of the SBP requires the Army to have notified her when her husband made his non-election, and that the Army’s failure to have given her such notice entitles her to benefits under the SBP.

For the reasons stated below, this court holds that plaintiff…

2Cases cited21 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  4. Chrysler Corp. v. BrownSupreme Court of the United States · 1979
  5. Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967

16 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Helen Passaro, Individually and as of the Estate of Ramon Passaro v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  2. Passaro v. United StatesUnited States Court of Claims · 1984
  3. New York Life Insurance Company v. United StatesCourt of Appeals for the Federal Circuit · 1997
  4. New York Life Insurance Company v. United StatesCourt of Appeals for the Federal Circuit · 1997

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