Merit Systems Protection Board's denial of petitioner's request for a survival annuity benefit based on the federal service of her late spouse is affirmed as, the Board's determination that petitioner's husband failed to elect a survivor annuity benefit during the two-year window provided for by statute is supported by substantial evidence.
Appeal from: Merit Systems Protection Board
Decided November 25, 2009
Opinion by Circuit Judge Prost
For Appellant: Alice A. Dorsey, Rocky Ridge, Maryland
For Appellee: John S. Groat, Commercial Litigation Branch, US Department of Justice.