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Clark v. Office of Personnel Management

Denial of application for Basic Employee Death Benefit (BEDB) affirmed; Office of Personnel Management properly followed Alabama law in determining that the estate of a murderer could not collect the BEDB earned by the murderer's victim.

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Appealed from: Merit Systems Protection Board

Phillip Clark (“Clark”) petitions for review of the final decision of the Merit Systems Protection Board (“Board”), made final on March 13, 2000, when the full Board declined to review the initial decision of the Administrative Judge (“AJ”). The AJ had affirmed the Office of Personnel Management’s (“OPM”) denial of Clark’s application for the Basic Employee Death Benefit (“BEDB”), to which the surviving spouse of a federal employee is entitled if the employee worked for at least 18 months under the Federal Employees Retirement System (“FERS”). Clark v. Office of Pers. Mgmt., No. AT-0843-99-683-I-1 (M.S.P.B. Oct. 14, 1999). As executor of the estate of Michael Clark (“Michael”), Clark filed a timely petition for review with this court under 5 U.S.C. � 7703 (1994), and we have jurisdiction pursuant to 28 U.S.C. � 1295(a)(9) (1994). Because the federal statute regarding the BEDB, 5 U.S.C. � 8442(b) (1994), is silent as to whether a killer or his or her estate may receive federal death benefits earned by his or her victim, and because OPM concluded, based on the Alabama state authorities’ substantial evidence, that Michael killed Melonie Clark (“Melonie”), OPM was thus correct in following the principle of Alabama law to prevent Michael’s estate from collecting the BEDB earned by his victim. Accordingly, we affirm.

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