5 C.F.R. § 845.305
Ordinary and necessary living expenses
An individual's ordinary and necessary living expenses include rent, mortgage payments, utilities, maintenance, transportation, food, clothing, insurance (life, health, and accident), taxes, installment payments, medical expenses, support expenses for which the annuitant is legally responsible, and other miscellaneous expenses that the individual can establish as being ordinary and necessary.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2013–2026 · leading case: Prasch v. Off. of Pers. Mgmt., 499 F. App'x 968 (Fed. Cir. 2013).
Prasch v. Off. of Pers. Mgmt., 499 F. App'x 968 (Fed. Cir. 2013). “Although OPM typically accounts for such expenses in considering waiver and financial hardship, 5 C.F.R. § 845.305 , this court is not the proper forum for doing so in the first instance.”
Ronald Wylan Gross v. Off. of Pers. Mgmt. (MSPB 2016). “” 5 C.F.R. § 845.305 . ¶14 On review, the appellant challenges the administrative judge’s decision to exclude his expenses for DirecTV and charitable donations in determining his ordinary and necessary living expenses.”
Sharon E Brown v. Off. of Pers. Mgmt. (MSPB 2024). “272 , ¶ 7 (2006); 5 C.F.R. § 845.305 . In determining whether living expenses are “ordinary and necessary,” the Board applies a reasonable person test regardless of the annuitant’s accustomed standard of living, taking into account the discrete circumstances particular to 3 OPM…”
Rodney Canete v. Off. of Pers. Mgmt. (MSPB 2026). “272 , ¶ 7 (2006); 5 C.F.R. § 845.305 . In determining whether living expenses are “ordinary and necessary,” the Board applies a 3 We recognize that Fusco concerns an overpayment of benefits under the Civil Service Retirement System, but the Board has applied the principles…”
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