Constance Horner, Director, Office of Personnel Management v. Joseph L. Benedetto, and Merit Systems Protection Board, Intervenor

EDWARD S. SMITH, Circuit Judge.

The Office of Personnel Management (OPM) appeals from the decision of the Merit Systems Protection Board (board), Benedetto v. Office of Personnel Management, 1 affirming, as modified, the administrative judge’s reversal of OPM’s denial of the application of Joseph L. Benedetto (Be-nedetto) for a reduced annuity with surviv- or benefits. We affirm.

Issue

Whether the board erred in determining that Benedetto was entitled to receive a reduced annuity with survivor benefits for his spouse.

I. Background

Benedetto held positions in various federal agencies from November…