Facts
- Dwayne L. Sample received an overpayment of $12,210.00 in disability retirement annuity benefits from the Office of Personnel Management (OPM) under the Federal Employees’ Retirement System (FERS) [lines="18-19"].
- Sample filed for bankruptcy under Chapter 7 in 2017 and contended that his discharge of debt relieved him of any obligation to repay the overpayment [lines="48-50"].
- The administrative judge modified OPM’s proposed repayment schedule due to Sample's claimed financial hardship [lines="60-63"].
- The Merit Systems Protection Board (MSPB) found that OPM's recovery efforts were unrelated to Sample's rights under FERS as no deductions from his annuity payments were being sought [lines="75-76"].
- The case is nonprecedential, meaning it does not set binding precedent for future cases [lines="8-9"].
Issues
- Whether Sample's Chapter 7 bankruptcy discharge relieved him of the responsibility for the overpayment incurred after the discharge [lines="50-56"].
- Whether the MSPB has jurisdiction over OPM's repayment schedule regarding the overpayment [lines="65-71"].
Holdings
- The Board held that Sample’s bankruptcy discharge did not impact the obligation to repay the overpayment since the debt accrued after the discharge [lines="58-59"].
- The MSPB concluded that it lacked jurisdiction to adjust OPM’s repayment schedule as it did not affect Sample's rights or interests under FERS [lines="75-76"].
OPINION
Case Information
*1 ORIGINM
09/11/2024 IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 24-0218 DA 24-0218
IN THE MAHER OF: H.M.H., ORDER
A Youth in Need of Care.
Counsel for the appellant father of H.M.H. filed a motion and brief asking to be allowed to withdraw from this appeal on grounds that counsel has been unable to find any nonfrivolous issues to raise on appeal, pursuant to § 46-8-103(2), MCA, and Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The father was.granted time to file a response, but no response, was filed.
The Court has now independently examined the record pursuant to § 46-8-103(2), MCA, and Anders. We conclude there are no arguments with potential legal merit that could be raised in the father's appeal in this case.
IT IS THEREFORE ORDERED that this appeal is DISMISSED.
The Clerk is directed to provide copies of this Order to all counsel of record and to the appellant father personally.
DATED this ` d 11^ay of September, 2024.
70S-fr \si Chief Justice FILED m,1-114,.... SEP 10 2024 Bowen Greenwood clerk of Supreme Cour -‘, 4,1,,, ,n.• •
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