Zelma Weinfield v. United States of America

CANBY, Circuit Judge:

Zelma Weinfield appeals the district court’s summary judgment in favor of the United States in her action challenging the calculation of benefits she receives under the Survivor Benefit Plan (“SBP”). We review de novo, United States v. Hatcher, 922 F.2d 1402, 1405 (9th Cir.1991), and we affirm.

I. Factual & Procedural Background

In 1972, Congress created the SBP to provide income to the surviving spouses of members of the military services who die after becoming eligible to retire. S.Rep. No. 92-1089, 92d Cong., 2d Sess. 1, reprinted in 1972 U.S.C.C.A.N. 3288, 3289.…