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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * TERESA A. KEIGER (formerly Teresa Sachon), Plaintiff * v. * JOHN T. SACHON * and * UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, Defendants * * * * * * * * * * * * * * * CIVIL NO. JKB-10-1556 * *

MEMORANDUM Teresa A. Keiger (formerly Teresa Sachon) ("Plaintiff") brought this suit against John T. Sachon ("Sachon") and the United States Office of Personnel Management ("OPM") (collectively "Defendants"), seeking modification of a qualified domestic relations order giving her a percentage of Sachon's retirement benefits, which are administered by OPM, or, alternatively, an order requiring Sachon to perform alleged obligations under a Voluntary Separation and Property Settlement Agreement. (Compl. ECF No. 1). Both defendants have moved to dismiss the case, or, in the alternative, for summary judgment. (ECF Nos. 10 & 19). For reasons explained below, Defendants' motions are granted.

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I. Background Plaintiff and Sachon were formerly married. In 1994, they separated and entered into a Voluntary Separation, Custody and Property Settlement Agreement ("Separation Agreement"). (OPM's Mot. Dismiss 3, ECF No. 19, Ex. 1). The Separation Agreement provided, among other things, that Plaintiff would receive a percentage of any retirement benefits that accrued to Sachon during the marriage.1 (Compl. 3, ECF No 1). It also provided that Plaintiff could elect to receive payments directly from the retirement plan administrator, but that if the administrator failed to pay the amount due, Sachon would still be responsible for the payment. Id. In May of 1994, the Circuit Court for Frederick County entered an order of divorce that incorporated, but did not merge, the Separation Agreement. The court also entered a Qualified Domestic Relations Order ("QDRO") pursuant to 5 U.S.C.

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