Landen S. Levy v. Office of Personnel Management

KELLEHER, Senior District Judge.

This is a petition for review of a decision of the Merit Systems Protection Board (“Board”), Levy v. OPM, 41 M.S.P.R. 139, which affirmed a decision by respondent Office of Personnel Management (“OPM”). Respondent ordered the apportionment of petitioner Landen S. Levy’s (“Levy”) federal civil service retirement benefits under a California divorce judgment. The question we are asked to resolve is whether the Board erred in concluding that, under the divorce judgment and California community property law, Levy’s former spouse was entitled to one-half of the total…