John F. Downs v. Office of Personnel Management

RADER, Circuit Judge.

DECISION

The Merit Systems Protection Board affirmed the Office of Personnel Management’s denial of Mr. Downs’ request for reinstatement of a child survivor annuity. Because the law precludes such reinstatement following the annuitant’s marriage, this court affirms the Board decision.

DISCUSSION

I

Mr. Downs is the son of a retired civil service employee. After his father’s death, Mr. Downs received a child’s survivor annuity. See 5 U.S.C. § 8341(e)(2) (1995). Mr. Downs received this annuity as an “unmarried dependent child regardless of age who is incapable of self-support…