King v. Office of Personnel Management

REYNA, Circuit Judge.

Kathryn King (“Kathryn”) appeals the November 10, 2011 final order of the Merit Systems Protection Board (“Board”) that she was not entitled to a waiver of recovery of survivor annuity benefits. We reverse the Board’s decision denying a waiver of recovery because the Board failed to credit substantial evidence demonstrating, in accordance with 5 C.F.R. § 831.1403, that Kathryn detrimentally relied on the overpayment of survivor annuity funds.

Background

This appeal is bound up with the marital history of former United States Forest Service employee Don King (“Don”) with two…