§Why CasetextPricing

Gill et al v. Office of Personnel Management et al

MEMORANDUM in Support re MOTION to Dismiss

69 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,052 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,829 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  3. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,646 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

  4. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,650 times   4 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  5. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,779 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  6. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,865 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  7. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,348 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  8. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,236 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  9. Raines v. Byrd

    521 U.S. 811 (1997)   Cited 1,778 times   10 Legal Analyses
    Holding specifically and only that "individual members of Congress [lack] Article III standing"

  10. FW/PBS, Inc. v. City of Dallas

    493 U.S. 215 (1990)   Cited 2,377 times   2 Legal Analyses
    Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

  11. Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit

    28 U.S.C. § 1295   Cited 8,338 times   92 Legal Analyses
    Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals

  12. Section 7703 - Judicial review of decisions of the Merit Systems Protection Board

    5 U.S.C. § 7703   Cited 3,651 times   6 Legal Analyses
    Granting sixty days to appeal a decision of the MSPB

  13. Section 402 - Old-age and survivors insurance benefit payments

    42 U.S.C. § 402   Cited 2,664 times   2 Legal Analyses
    Referring to the "legitimate ... child" of an individual

  14. Section 1 - Tax imposed

    26 U.S.C. § 1   Cited 1,464 times   63 Legal Analyses
    Providing a 20–percent top rate for most long-term capital gains

  15. Section 8901 - Definitions

    5 U.S.C. § 8901   Cited 327 times   3 Legal Analyses
    Defining "carrier" as an organization "lawfully engaged in providing, paying for, or reimbursing the cost of, health services . . . in consideration of premiums or other periodic charges payable to the carrier"

  16. Section 8347 - Administration; regulations

    5 U.S.C. § 8347   Cited 215 times
    Authorizing appeals from final decisions concerning Civil Service Retirement System

  17. Section 7 - Marriage

    1 U.S.C. § 7   Cited 152 times   9 Legal Analyses
    Containing no money-mandating provisions

  18. Section 1005 - Applicability of laws relating to Federal employees

    39 U.S.C. § 1005   Cited 137 times
    Applying FECA to the Postal Service

  19. Section 1738C - Certain acts, records, and proceedings and the effect thereof

    28 U.S.C. § 1738C   Cited 85 times   7 Legal Analyses
    Giving states the power to refuse to recognize same-sex marriages entered into in other states

  20. Section 125 - Cafeteria plans

    26 U.S.C. § 125   Cited 76 times   21 Legal Analyses
    Limiting the availability of this provision to "a participant in a[n] [employer-provided] cafeteria plan"

  21. Section 301.6402-2 - Claims for credit or refund

    26 C.F.R. § 301.6402-2   Cited 215 times
    Defining content of claim for refund

  22. Section 831.110 - Appeals

    5 C.F.R. § 831.110   Cited 23 times

    Appeals to MSPB. Except as noted in this paragraph, an individual or agency whose rights or interests under the Civil Service Retirement System (Subchapter III of chapter 83, title 5, United States Code) are affected by a final decision of the representative of the Associate Director for Compensation, Office of Personnel Management, may request the Merit Systems Protection Board to review such decision in accord with procedures prescribed by the Board. Decisions of OPM and the Associate Director

  23. Section 890.301 - Opportunities for employees to enroll or change enrollment; effective dates

    5 C.F.R. § 890.301   Cited 13 times

    (a)Initial opportunity to enroll. An employee who becomes eligible may elect to enroll or not to enroll within 60 days after becoming eligible. (b)Effective date-generally. Except as otherwise provided, an enrollment or change of enrollment takes effect on the first day of the first pay period that begins after the date the employing office receives an appropriate request to enroll or change the enrollment and that follows a pay period during any part of which the employee is in pay status. (c)Belated

  24. Section 831.631 - Post-retirement election of fully reduced annuity or partially reduced annuity to provide a current spouse annuity

    5 C.F.R. § 831.631   Cited 5 times

    (a) Except as provided in paragraph (c) of this section, in cases of retirees who retired before May 7, 1985, and married after retirement but before February 27, 1986: (1) A retiree who was unmarried at the time of retirement may elect, within 1 year after a post-retirement marriage, a fully reduced annuity or a partially reduced annuity to provide a current spouse annuity. (2) A retiree who was married and elected a fully reduced annuity or a partially reduced annuity at the time of retirement

  25. Section 890.302 - Coverage of family members

    5 C.F.R. § 890.302   Cited 3 times

    (a) (1)Enrollment. An enrollment for self plus one includes the enrollee and one eligible family member. An enrollment for self and family includes all family members who are eligible to be covered by the enrollment except as provided in § 890.308(h) . Proof of family member eligibility may be required, and must be provided upon request, to the carrier, the employing office, or OPM. Except as provided in paragraph (a)(2) of this section, no employee, former employee, annuitant, child, or former spouse

  26. Section 831.104 - Application

    5 C.F.R. § 831.104   Cited 1 times

    (a) Except as provided in paragraph (b) of this section, applications under subchapter III of chapter 83 of title 5, United States Code, shall be filed with OPM and shall be on forms prescribed by OPM. (b) Applications to make deposit for military service shall be filed in accordance with subpart U of this part. 5 C.F.R. §831.104 48 FR 38783, Aug. 26, 1983

  27. Section 894.201 - What types of enrollments are available under FEDVIP?

    5 C.F.R. § 894.201   Cited 1 times

    FEDVIP has three types of enrollment: (a) Self only, which covers only the enrollee; (b) Self plus one, which covers the enrollee plus one family member; and (c) Self and family, which covers the enrollee and all family members. 5 C.F.R. §894.201 88 FR 47746, July 25, 2023 88 FR 47746, 7/25/2023