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CourtListener opinion 9390208

Citation: Domestic Relations Order · Date unknown · US

Extracted case name
pending
Extracted reporter citation
Domestic Relations Order
Docket / number
NUMBER Appellant
QDRO relevance 5/5Retirement relevance 2/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 9390208 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to QDRO procedure / domestic relations order issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 2/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: QDRO procedure / domestic relations order issues

Evidence quotes

domestic relations order

S.P.R. 455, 460 (1994). ORDER ¶3 On remand, OPM is hereby ORDERED to take the following actions: (1) explain how the Judgment of Dissolution of Marriage meets the requirements of a court order acceptable for processing and whether the lack of a Qualified Domestic Relations Order renders the court order unacceptable; (2) determine 3 On April 12, 2019, May 24, 2019, August 29, 2020, March 30, 2021, May 10, 2021, and December 22, 2021, the appellant filed motions to submit additional pleadings in which, although unclear, he appears to raise arguments concerning the merits of the appeal. PFR File, Tabs 9, 12, 23, 27, 30, 34. We d

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
reporter: Domestic Relations Order · docket: NUMBER Appellant
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

UNITED STATES OF AMERICA
 MERIT SYSTEMS PROTECTION BOARD

CHARLES L. WILLIAMS, DOCKET NUMBER
 Appellant, CH-0831-17-0237-I-1

 v.

OFFICE OF PERSONNEL DATE: April 26, 2023
 MANAGEMENT,
 Agency,

 and

ROSETTA WILLIAMS-SCOTT,
 Intervenor.

 THIS ORDER IS NONPRECEDENTIAL 1

 Charles L. Williams, East Saint Louis, Illinois, pro se.

 Karla W. Yeakle, Washington, D.C., for the agency.

 Kevin J. Kubitschek, Belleville, Illinois, for the intervenor.

 BEFORE

 Cathy A. Harris, Vice Chairman
 Raymond A. Limon, Member

1
 A nonprecedential order is one that the Board has determined does not add
significantly to the body of MSPB case law. Parties may cite nonprecedential orders,
but such orders have no precedential value; the Board and administrative judges are not
required to follow or distinguish them in any future decisions. In contrast, a
precedential decision issued as an Opinion and Order has been identified by the Board
as significantly contributing to the Board's case law. See 5 C.F.R. § 1201.117(c).
 2

 REMAND ORDER

¶1 The appellant has filed a petition for review of the initial decision, which
 vacated a reconsideration decision of the Office of Personnel Management (OPM)
 concerning the appellant's former spouse's entitlement to a share of his
 retirement annuity and remanded the appeal to OPM to issue a new
 reconsideration decision. Generally, we grant petitions such as this one only in
 the following circumstances: the initial decision contains erroneous findings of
 material fact; the initial decision is based on an erroneous interpretation of statute
 or regulation or the erroneous application of the law to the facts of the case; the
 administrative judge's rulings during either the course of the appeal or the initial
 decision were not consistent with required procedures or involved an abuse of
 discretion, and the resulting error affected the outcome of the case; or new and
 material evidence or legal argument is available that, despite the petitioner's due
 diligence, was not available when the record closed. Title 5 of the Code of
 Federal Regulations, section 1201.115 (5 C.F.R. § 1201.115). After fully
 considering the filings in this appeal, we conclude that the petitioner has not
 established any basis under section 1201.115 for granting the petition for review.
 Therefore, we DENY the petition for review and AFFIRM the initial decision.
¶2 On petition for review, the appellant argues that he did not receive the
 agency's file until May 1, 2017, and asserts that the administrative judge erred in
 prematurely closing the record. Petition for Review (PFR) File, Tab 1 at 3. 2
 However, the appellant has not explained how he was prejudiced by the
 administrative judge's Close of Record Order, which afforded him until June 5,

 2
 The appellant also submits various documents with his petition for review. PFR File,
 Tab 1 at 6-21. However, such evidence is not relevant to the issue of whether the
 administrative judge properly remanded the appeal to OPM. T herefore, it provides no
 basis to disturb the initial decision. Russo v. Veterans Administration, 3 M.S.P.R. 345,
 349 (1980) (holding that the Board will not grant a petition for review based on new
 evidence absent a showing that it is of sufficient weight to warrant an outcome different
 from that of the initial decision).
 3

 2017, to file evidence and argument in his case. Initial Appeal File, Tab 12 at 2.
 The appellant also contends that the administrative judge "gold plated the pro rate
 [sic] share" and "rendered it to the agency by way of a series of bias errors. " PFR
 File, Tab 1 at 2. He also makes various arguments concerning the merits of his
 appeal and OPM's alleged improper computation of his former spouse's share of
 his retirement annuity. Id. at 3-5. Such arguments, however, fail to establish any
 error in the initial decision because the administrative judge did not make any
 findings regarding whether OPM correctly awarded and computed the
 apportionment of the appellant's retirement annuity to his former spouse. Rather,
 the administrative judge found that the Board could not consider the merits of the
 appeal because OPM had failed to address the appellant's arguments raised in his
 request for reconsideration or explain the obvious inconsistencies between OPM's
 initial and reconsideration decisions concerning the correct amount of the
 appellant's former spouse's share of his retirement annuity. Thus, the
 administrative judge properly remanded the case to OPM for issuance of a new
 reconsideration decision because OPM previously had not addressed all issues
 necessary for adjudication of the appeal. 3 See, e.g., Litzenberger v. Office of
 Personnel Management, 88 M.S.P.R. 419, ¶¶ 9-10 (2001); Stubblefield v. Office
 of Personnel Management, 60 M.S.P.R. 455, 460 (1994).

 ORDER
¶3 On remand, OPM is hereby ORDERED to take the following actions:
 (1) explain how the Judgment of Dissolution of Marriage meets the requirements
 of a court order acceptable for processing and whether the lack of a Qualified
 Domestic Relations Order renders the court order unacceptable; (2) determine

 3
 On April 12, 2019, May 24, 2019, August 29, 2020, March 30, 2021, May 10, 2021,
 and December 22, 2021, the appellant filed motions to submit additional pleadings in
 which, although unclear, he appears to raise arguments concerning the merits of the
 appeal. PFR File, Tabs 9, 12, 23, 27, 30, 34. We deny such motions in light of our
 decision, which does not reach the merits but rather remands the appeal to OPM.
 4

 how much of the appellant's total Federal and militar y service is creditable for
 purposes of computing his annuity; (3) if any of the appellant's service is not
 creditable, determine what effect, if any, this has on OPM's computation of the
 intervenor's pro rata share of the appellant's gross annuity; (4) compute the pro
 rata share of the appellant's annuity to which the intervenor is entitled, and
 determine whether the intervenor's share has changed throughout the course of
 the appellant's retirement; and (5) apply the pro rata shares to which the
 intervenor was entitled to the gross annuity payments the appellant has received
 since his retirement to determine whether the intervenor and/or the appellant have
 been overpaid or underpaid; (6) to the extent necessary, adjust the amounts
 payable to the intervenor and the appellant to ensure that they receive the
 amounts to which they are entitled; (7) take appropriate action as to any
 overpayments or underpayments resulting from the determinations and
 computations set forth above; and (8) issue a new final decision within 90 days
 that addresses the matters set forth above and advises both the intervenor and the
 appellant of their Board appeal rights.
¶4 We also ORDER OPM to tell the appellant and the intervenor pr omptly in
 writing when it believes it has fully carried out the Board's Order and of the
 actions it has taken to carry out the Board's Order. We ORDER the appellant and
 the intervenor to provide all necessary information OPM requests to help it carry
 out the Board's Order. The appellant, if not notified, should ask OPM about its
 progress. See 5 C.F.R. § 1201.181(b).
¶5 No later than 30 days after OPM tells the appellant and the interv enor it has
 fully carried out the Board's Order, the appellant or the intervenor may file a
 petition for enforcement with the office that issued the initial decision on this
 appeal if the appellant or the intervenor believes that OPM did not fully carry out
 the Board's Order. The petition should contain specific reasons why the
 appellant or the intervenor believes that OPM has not fully carried out the
 5

Board's Order, and should include the dates and results of any communications
with OPM. See 5 C.F.R. § 1201.182(a).

FOR THE BOARD: /s/ for
 Jennifer Everling
 Acting Clerk of the Board
Washington, D.C.