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MSPB agreed with OPM’s decision. Following a hearing, the AJ pointed out that Ms. Parson had the burden to establish that she was entitled to survivor benefits by a preponderance of the evidence.

While 5. U.S.C. 8339(k)(2)(A) permits a retiree who later marries within two years of that marriage to elect a reduction in the current annuity in order to provide a new spouse with a survivor annuity, it was “undisputed” that Mr. Parson did not make such an election within two years of his marriage. Ms. Parson argued that she was nevertheless entitled to an annuity because her husband had wanted her to have one.

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