Banks v. Office of Personnel Management

Carol L. Banks appeals the decision of the Merit Systems Protection Board (“Board”) affirming the Office of Personnel Management’s (“OPM”) denial of her request for a survivor annuity. Banks v. Office of Pers. Mgmt., No. CH0841100976-1-1 (M.S.P.B. November 30, 2010) (“Initial Decision”), (M.S.P.B. June 14, 2011) (“Final Order”). This court affirms.

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Carol and Eugene Banks married in 1983. On April 7, 2001, Eugene, a physician for Hines Veterans Administration Hospital, filed for disability retirement under the Federal Employee Retirement System (“FERS”) and elected a survivor annuity for Ms.…