Opinion of the Court — Miranda v. Office of Personnel Management

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Type: Opinion of the Court
Filed: June 7, 2002
Case: Miranda v. Office of Personnel Management
Case status: Decided

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PER CURLAM. Elena C. Miranda petitions for review of the decision of the Merit Systems Protection Board (“Board”), affirming the decision on reconsideration of the Office of Personnel Management (“OPM”) that she is not entitled to survivor benefits under the Civil Service Retirement Act (“CSRA”), 5 U.S.C. §§ 8331-8351 (2000). Miranda v. Office of Pers. Mgmt., No. SE-0831-00-0297-I-1 (Nov. 6, 2000), aff'd, 90 M.S.P.R. 454 , No. SE-0831-00-0297-I-1 (Aug. 23, 2001). Because the Board’s decision that Ms. Miranda is not entitled to survivor benefits is supported by substantial evidence and is not otherwise improper, we affirm. I. In order for the surviving spouse of a deceased government employee to be entitled to survivor benefits under the CSRA, the deceased employee must have been employed in one of three situations. The first is where the deceased spouse had completed at least 18 months of federal civilian service and died while in service. 5 U.S.C. § 8341 (d) (2000). The second is where the deceased spouse was an annuitant who had elected a reduced annuity with a survivor benefit. 5 U.S.C. § 8341 (b)(1) (2000). The third is where there is no entitlement to an annuity and the deceas…

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