Billie Brush v. Office of Personnel Management

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, where Government agency failed to inform an annuitant annually of all of the annuitant's rights of election as required by statute, the Agency essentially waived the requirement at issue
• noting that the divorced employee continued to receive the reduced annuity “over a period of two years after his own self interest could have dictated a change, if he had so desired”
• deeming waived (involuntarily) a statutory requirement to file notice and election for survivor annuity benefits before such benefits may be paid due to agency failure to notify to submit notice and election
• “Every indication in the record here compels the conclusion that Brush affirmatively desired the annuity for Mrs. Brush.”
• “[E]vidence regarding the annuitant’s conduct ... is probative evidence regarding the question whether the annuitant would have made the election in question.”

Source: CourtListener parenthetical corpus (CC0).