Court of Appeals for the Federal Circuit December 23, 1997, 97-3225 (Mary L. Dilworth v. Office of Personnel Management)

LOURIE, Circuit Judge.

Mary L. Dilworth petitions for review of the final decision of the Merit Systems Protection Board sustaining the termination of her survivor annuity in light of her remarriage before the age of fifty-five.

Dilworth v. Office of Personnel Management,

73 M.S.P.R. 458 (M.S.P.B.1997). Because we hold that the remarriage restriction in 5 U.S.C.