OR|GINAL

In the United States Court of Federal Claims

No. 14-165€
(Filed: August2l, 2014) 
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LANKWARD L. SMITH, JR. F§§é

Plaintijj",
v.
THE UNITED STATES,

Defendam‘.

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ORDER

In his complaint, Mr. Smith alleges that he timely filed the necessary
paperwork to add his wife to his retirement annuity, but the Office of
Personnel Management ("OPM") claims that it never received the original
paperwork. If plaintiff were to add his wife to the annuity at this late date, it
would cost him approximately $33,733. Plaintiff asks this court to order OPM
to bear the cost of adding Mrs. Smith to the annuity. We grant plaintiff’ s
motion to proceed in forma pauperis

Before the court is defendant’s motion to dismiss plaintiff’ s complaint
pursuant to rule l2(b)(l) of the Rules of the Court of Federal Claims. For the
reasons explained below, we grant defendant’s motion.

Even presuming that all of plaintiff’s alleged facts are true and
construing all reasonable inferences in his favor, D0e v. Um'tea’ Sz‘ates, 106
Fed. Cl. 118, l22 (2()12) (citing Scheuer v. Rhodes, 416 U.S. 232, 236 (l974)),
this court does not have jurisdiction to entertain plaintiff s claim. Agee v.
United States, 77 Fed. Cl. 84, 92 (20()7)_ (The Court of Federal Claims "is
barred from adjudicating . . . [civilian] retirement related claims."). "[C]laims
for retirement annuities and benefits must be pursued as set forth in the" Civil
Service Retirement System ("CSRS"). Ashgar v. Um'tedStates, 23 Cl. Ct. 226,

232 (l991). The Court of Federal Claims is not included in this statutory
scheme for administering retirement benefits for former civil servants. Under
the CSRS, 5 U.S.C. §§ 8301-8351 (2012), plaintiffs remedy lies with the
Office of Personnel Management, the Merit Systems Protecti0n Board

("MSPB"), and ultimately with the Court of Appeals for the Federal Circuit.
Ashgar, 23 Cl. Ct. at 232-33.

Therefore, we grant defendant’s motion to dismiss. The Clerk is
directed to enter judgment. No costs.

ERIC G. BRUG `
Judge

