Nicholas v. United States

OPINION and ORDER

TURNER, Judge.

This case stands on defendant’s motion filed September 3,1996 to dismiss for lack of subject-matter jurisdiction this civil action seeking annuity benefits under the Survivor Benefit Plan applicable to the United States Marine Corps. We conclude that we have subject matter jurisdiction of plaintiffs claims but that on the alternative ground of failure to state a claim upon which relief can be granted, the case should be dismissed in part.

Specifically, we conclude that plaintiff asserts a viable claim for annuity payments accruing within the six years preceding…