Bonewell v. United States

OPINION AND ORDER

SWEENEY, Judge.

In this case, plaintiff, as the former spouse of a deceased United States Air Force (“Air Force”) retiree, claims that she is entitled to annuity payments through the military’s Survivor Benefit Plan (“SBP”). Defendant has moved to dismiss plaintiffs complaint for lack of jurisdiction pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”). For the reasons set forth below, the court denies defendant’s motion.

I. BACKGROUND1

The SBP was enacted by Congress in 1972 to provide benefits to surviving spouses and dependent children…