Anna M. Rafferty v. Office of Personnel Management

The majority recognizes but declines to resolve the inconsistency between our interpretation of 5 U.S.C. § 8341(h) in Vaccaro v. Office of Personnel Management, 262 F.3d 1280 (Fed.Cir.2001), and the Office of Personnel Management’s (“OPM’s”) regulations purporting to carry out the same statutory subsection, saying the question “remains for another day.” Ante, at 1324. Nevertheless, the majority applies Vaccaro’s interpretation of the statute and finds that Ms. Rafferty is not entitled to a survivor annuity. Ante, at 1323. I believe, however, that today is the day to resolve the inconsistency:…