Becker v. Office of Personnel Management
2017 U.S. App. LEXIS 6010
| Fed. Cir. | 2017Background
- Amanda Becker appeals a Merit Systems Protection Board decision affirming OPM's denial of survivor benefits under FERS.
- Becker was married to Todd Mayberry, an FBI employee, for less than nine months and they had no children at his death.
- OPM denied benefits on the ground Becker did not meet the statutory 'widow' definition in 5 U.S.C. § 8441(1).
- The Board upheld OPM's denial, and Becker challenged both the statute's constitutionality and the Board's discovery rulings.
- Becker argued the nine-month and child-bearing requirements unconstitutionally burden her marriage-related rights, while seeking discovery into OPM’s past waivers and communications.
- The court affirmed, holding § 8441(1) constitutional under rational basis review and finding no abuse of discretion in the discovery rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of § 8441(1) | Becker contends the provision violates the Fifth Amendment rights to marry and procreate. | Becker is treated under a rational-basis framework consistent with Salfi; the provision serves a public-fund spending rationale. | § 8441(1) does not violate the Constitution. |
| Discovery rulings | Becker sought discovery on OPM waivers and notice to Mayberry; argues denial impeded her case. | No reasonable basis to find waivers occurred or to require such discovery; estoppel cannot create funding. | Board's discovery rulings affirmed; no abuse of discretion. |
Key Cases Cited
- Weinberger v. Salfi, 422 U.S. 749 (1975) (rational-basis review for social-security-like eligibility.)
- Chu v. United States, 773 F.2d 1226 (Fed. Cir. 1985) (public employment doesn't create a conventional contract.)
- Shaw v. United States, 640 F.2d 1254 (Ct. Cl. 1981) (contractual interpretation of employment relations discussed.)
- Schism v. United States, 316 F.3d 1259 (Fed. Cir. 2002) (public employment not purely contractual for purposes of benefits.)
- Simpson v. Office of Personnel Management, 347 F.3d 1361 (Fed. Cir. 2003) (no annual notice duty under § 8441(1) like annuity notices under § 8339.)
- Office of Pers. Mgmt. v. Richmond, 496 U.S. 414 (1990) (equitable estoppel cannot create entitlement to funds not authorized by Congress.)
- Briggs v. Merit Sys. Prot. Bd., 331 F.3d 1307 (Fed. Cir. 2003) (Board decision review standard and deference to Board on legal questions.)
- King v. Dep’t of Navy, 130 F.3d 1031 (Fed. Cir. 1997) (statutory interpretation in federal employment context.)