Do you know the statutory definition of “widow” for benefit purposes?

13 GoingOn 14: Help Keep the Blog Going For 2021 — GFM: https://gofund.me/32671a27

 

Gibson v. Office of Personnel Management, No. 2020-1651 (Fed. Cir. September 9, 2020) (MSPB Docket No. PH-0831-20-0011-I-1): The appellant sought survivor annuity benefits under the Civil Service Retirement System, contending that she is a “widow” of a retired Federal employee. OPM denied the appellant’s application for benefits, finding that she did not meet the statutory definition of “widow” for benefit purposes under 5 U.S.C. § 8341(a)(1)(A), because the marriage to her husband lasted from May 21, 2018, until his death on February 15, 2019 (270 days). This was short of the “at least 9 months” requirement. On appeal, the Board affirmed OPM’s determination. Before the Federal Circuit, the appellant contested the application of the term “months” and argued that each month should be counted as having 30 days, meaning her 270-day marriage was 9 months in duration. The court rejected this argument and affirmed the Board’s final decision. Citing Supreme Court precedent as support, the court concluded that the phrase “9 months” has an “ordinary public meaning” that counts time as calendar months. The court further explained that Congress often uses, including in the statute at issue, “days” as a unit of measurement and could have done so in 5U.S.C. § 8341(a)(1)(A) if that were its intention. The appellant presented no grounds for “erasing the clear distinction between familiar counting methods.”

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1651.OPINION.9-9-2020_1649543.pdf

 


 

 

COVID-19 Tracker: State Department and Foreign Service Posts (April 14 Update)

Our COVID-19 tracker has large gaps in it, but we don’t have a better alternative on breakdowns as the State Department is only releasing total numbers, not locations.  We have updated our tracker to include the two confirmed FSN deaths in Jakarta, Indonesia and Kinshasa, DRC, and one confirmed FSN death at an undeclared location. There are currently two domestic deaths, one in NYC, a contractor, and one in Washington, D.C. at an undeclared office location, a Civil Service employee.

DOS Briefing 4/14/20: The State Department continues to strongly enforce and practice the appropriate social distancing and other non-pharmaceutical interventions, and that continues to be reflected in our own disease curves.  Currently there are – we’re tracking 297 overseas cases, including 182 active with 115 recovered, holding at – thankfully holding at three overseas deaths, all within locally employed staff. Domestic cases are 71 current cases, 67 with four recovered.  Important to note that we started to see domestic cases in the second into the third week of March, and so this is the point at which we would expect to see those cases start to recover.  So I would anticipate over the next week, we’ll start to see the recovery cases start to climb. I am saddened to say that we’ve had our first – our second domestic death, our first within the U.S. direct-hire population, a civil servant serving here in Washington, D.C.  And our condolences do go out to the family and to all families that have been impacted by coronavirus.”

DOS Briefing 3/23/20 “I can tell you we’re still at single digits here in the United States with cases – one each, two each, three each in Washington; Houston; Boston; New York; Quantico, Virginia; and Seattle.  So the numbers themselves are – overseas are still double-digit.  We’re looking at less than 30 scattered over 220 posts around the world, and it remains a challenge.” 

Related posts