Zelma Weinfield v. United States of America

Zelma Weinfield appeals the district court’s summary judgment in favor of the United States in her action challenging the calculation of benefits she receives under the Survivor Benefit Plan (“SBP”). We review de novo, United States v. Hatcher, 922 F.2d 1402, 1405 (9th Cir.1991), and we affirm.

I. Factual & Procedural Background

In 1972, Congress created the SBP to provide income to the surviving spouses of members of the military services who die after becoming eligible to retire. S.Rep. No. 92-1089, 92d Cong., 2d Sess. 1, reprinted in 1972 U.S.C.C.A.N. 3288, 3289. Weinfield is the widow of a military serviceman who participated in the SBP. Accordingly, Weinfield has received an SBP annuity since her husband’s death in 1989. Pursuant to 10 U.S.C. § 1451 (e)(3)(A) (“the Social Security offset”), the government reduces her annuity payments by the amount of Social Security survivor benefits to which she would be entitled on the basis of her husband’s military earnings. Weinfield, however, is not actually eligible to receive Social Security survivor benefits because she receives Social Security old-age benefits based on her own employment earnings. The government applies the Social…