Hart v. United States

OPINION AND ORDER

TURNER, Judge.

Jewell M. Hart, the widow of an Air Force retiree, seeks survivor annuity benefits under the Survivor Benefit Plan (SBP), 10 U.S.C. §§ 1447-1455 (1982).1 Defendant has filed a motion to dismiss the suit as barred by the pertinent statute of limitations, 28 U.S.C. § 2501 (1982). Defendant’s motion to dismiss is granted in part and denied in part.

I

Plaintiff is the widow of Sergeant Gene Cleon Hart, who retired from active duty with the Air Force on October 10, 1976.2 Sergeant Hart died on October 15, 1980. At the time of or after his retirement, Sergeant Hart…