U.S. Court of Federal Claims Issues UnReported Order Involving Nancy J. Shuping Vs. U.S.
* * *
OPINION AND ORDER
DAMICH, Senior Judge
On
Defendant moves for a dismissal of the complaint pursuant to Rule 12(b)(1) of the Rules of the
Plaintiff filed her Response on
I. Background/2
While employed with the
Almost two months after Plaintiff signed Form 2817, changing her life insurance elections, a
On
On
Thereafter,
II. Standard of Review
It is well-established that subject-matter jurisdiction is "a threshold question that must be resolved . . . before proceeding to the merits" of a claim.
III. Discussion
Defendant argues that Plaintiff's complaint should be dismissed because the Court does not possess jurisdiction to entertain Plaintiff's claim to void her
A. The Court Lacks Jurisdiction To Hear Plaintiff's Complaint Because Plaintiff Does Not Allege Defendant Breached A Duty Owed Under The FEGLI Act
Plaintiff alleges that because Plaintiff was unable to understand the nature and consequences of the changes she made to her life insurance policy, that
Because Plaintiff does not allege that Defendant has breached any of its legal duties under the FEGLI Act, the Court does not possess jurisdiction to entertain her breach of contract claim. See Jacobs v.
B. This Court lacks Jurisdiction as Plaintiff Does Not Allege Money Damage Due
Further, Defendant correctly argues that the Court lacks jurisdiction to grant Plaintiff's request for relief because she does not allege "presently due" money damages. The Tucker Act only grants the Court jurisdiction over claims for monetary damages that are "presently due."
Plaintiff only seeks equitable relief: she requests that her prior FEGLI election should be reinstated, the
C. The Case is Appropriate to Transfer
28 U.S.C. Sec. 1631 states that a federal court which finds it lacks jurisdiction over an action "shall, if it is in the interest of justice, transfer such action . . . to any other court in which the action . . . could have been brought at the time it was filed." 28 U.S.C. Sec. 1631. It appears that Plaintiff's claim, at the time it was filed, could have been brought in the
IV. Conclusion
Because this Court concludes that Plaintiff's complaint is not within the subject matter jurisdiction of the Court, the Clerk is directed to transfer the case to the
IT IS SO ORDERED.
s/
* * *
Footnotes:
1/ Defendant further asks this Court to issue a show cause order, requiring Plaintiff to provide proof that she meets the requirements for bringing a suit of this nature on behalf of Plaintiff pursuant to RCFC 17(c)(1)(C). For the reasons set forth in this opinion, the Court need not address this issue.
2/ The background draws information from Plaintiff's complaint and Defendant's appendix attached to its Motion to Dismiss. The appendix consists of FEGLI documents
3/ Under 5 U.S.C. Sec. 8709, OPM is authorized to purchase insurance from a private insurer and must ensure that such a company establishes an administrative office. It appears that here, OPM authorized
4/ The duties imposed on
5/ As support for her requested relief, Plaintiff cites to 5 U.S.C 8707(d). It provides:
If an agency fails to withhold the proper amount of life insurance deductions from an individual's salary, compensation, or retirement annuity, the collection of unpaid deductions may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required under section 8708 of this title to the
This statute, however, does not apply to Plaintiff's complaint because Plaintiff does not claim that the SSA or OPM failed to withhold the correct amount of life insurance deductions from her salary. Further, even if the statute applied, Plaintiff has not identified a legal right to waiver of fees beyond the agency's discretionary authority to grant such a request.
* * *
Original text here: https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2022cv0441-18-0



Baylor Scott & White Health Plan Expands Geographic Coverage to Offer Medicare Advantage in West Texas
Amidst Economic Headwinds, LIMRA CEO Focuses on Industry Opportunities
Advisor News
- House panel votes to raise certain taxes, transfer money to offset Medicaid shortfall
- Iowa House backs temporary tax hike to fill Medicaid gap
- Iowa Medicaid temporary tax plan draws sharp public opposition
- Charitable giving planning can strengthen advisor/client relationships
- New $6K deduction could provide tax planning window for retirees
More Advisor NewsAnnuity News
- We can help find a loved one’s life insurance policy
- 2025: A record-breaking year for annuity sales via banks and BDs
- Lincoln Financial launches two new FIAs
- Great-West Life & Annuity Insurance Company trademark request filed
- The forces shaping life and annuities in 2026
More Annuity NewsHealth/Employee Benefits News
- CT leaders debate how to fix health care: Blunt federal cuts, up reimbursement or kill private health care?
- When health insurance costs $2,500 per month, families make tough choices
- In U.S. Health Insurance Market, Consolidation Of Insurers Is Increasing Premiums
- Health insurance jargon can be frustrating and confusing – here's how to navigate it
- Minnesota Blue Cross CEO steps down from Sutter Health board over conflict of interest
More Health/Employee Benefits NewsLife Insurance News
- Murray Giles Hulse
- New individual life premium hits record-setting $17.5B in 2025
- Maryland orders Cigna to halt underpaying doctors or give cause
- Insurers optimistic about their investments in 2026
- AM Best Affirms Credit Ratings of PVI Insurance Corporation
More Life Insurance News