Wording of Divorce Decree Trips up Claim for Survivor Benefits
There are plenty of ways to mess up a divorce decree so that a surviving ex-spouse cannot claim a survivor annuity. This recent case is yet another example of what not to do.
Court Cases
Stay informed with the latest court cases affecting federal employees and retirees, including major federal employment law decisions, appeals, and rulings from MSPB, FLRA, EEOC, and federal courts. This category covers workplace rights, disciplinary actions, due process cases, retirement‑related rulings, TSP‑related litigation, and significant legal decisions impacting federal agencies and the federal workforce. Find clear summaries and analysis of the court outcomes shaping federal employment protections, benefits, and workplace policies.
Filing Delay Leads to Loss of Federal Death Benefits
Even though a spouse of forty years was entitled to her husband’s federal death benefits, her estate could not claim them when the widow died before she was able to sign the paperwork.
Modified Divorce Ruling Handed Down Before Retirement Must Be Considered In Deciding Survivor Annuity
In yet another case involving the current wife and ex-wife fighting over a federal retiree’s survivor’s annuity, the appeals court finds error in handling by OPM and MSPB and bounces the case back for another round. See why.
The Mailbox Rule
Historically, federal agencies have used what is known as the “mailbox rule.” This maxim provides that if a notice or letter is properly addressed and duly mailed, it is presumed to have arrived at the mailing address in due course. However, the author cites cases which illustrate that this does not always work out as an agency would expect.
Dog Bites Mail Carrier and Supervisor is Removed
A supervisor with 44 years of service who failed to follow agency policy when a mail carrier was bitten while on duty ends up losing her job based on this and several other misjudgments in carrying out her supervisory responsibilities.
The Current FLRA’s Sad History before the DC Circuit
FLRA often gets its own law wrong in the opinion of the DC Circuit.
DC Circuit Reverses FLRA Again For Exceeding Its Authority
On June 3, the D.C. Circuit again reversed the FLRA for interpreting a law other than its own. The case, involving the negotiability of union proposals limiting Agency Inspector General investigations to procedures bargained with a union, demonstrated the Court’s continuing refusal to defer to an FLRA interpretation of a law other than the one it administers. The author suggests practitioners read the complete decision but addresses the highlights in his article.
Government Pays the Price for Making Fed Employees Depressed
When employees are not happy, employers – often unwittingly – pay the price. The author says that federal agency managers must not lose sight of this as they strive to operate with smaller and smaller budgets.
Unprofessional, Uncivil and Somewhat Boorish
According to the appeals court, “somewhat boorish” actions of supervisors at Merit Systems Protection Board were the “ordinary tribulations of the workplace,” and did not add up to an actionable hostile work environment.
Volunteer Jury Duty Leads to Firing
A fired Navy employee who tried to avoid relocation to D.C. by volunteering to serve on a grand jury has lost in her third round before the appeals court.
