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B-180407 1 (1974-01-18)

handle is hein.gao/gaobaadqm0001 and id is 1 raw text is: '4 ' -. 1 q .- COMPTROLLER GENER&L OF THE UNITED STnTES tWASHINGTON. D.C. f$CIrQ5t B-100407 Thv Honorable Th Secretary of tho Uavy Dar flr, Secretary: Reforcnce in nmde to letter dated January 9, 1974 (file ref- erence Perw-7312-hl.), ftU tenclosure, from t=9.Chit at fliavl Persor-nal, requastino an ndtra ca docision eo.cerning the Itlbility of Lrpouie to reccive -an annuity undor the pror oicns of thoSurvivor flrnmfit Plan, 10 sS.C. 1447-11, as cdded by Publie Law 92-425, effective Septer- her 21, 1972, in the circunctaticos dcocribed. It is atat.od in the latter that the pettber, who is currently nerving on active duty, and wns a tridoer but without depcndant children on the date of cn ctnent of Public Lm' .2-42i, jcubatted an election on Decerbor 15, 1972, to provide coverm~a on behalf oft-a naturnl person vith an insurabl interest under the provisloun of 10 U.S.C. 1440(b), It appears that the renber is contanplating vornrrizgo and riches to den- i.nate hin newly acquired spouoe as beneficlary effective the date of mnrrin ' provided that else tiauld b. fully qualified as of that datc as an eiiibla spousa under the Plan to roceiv a nsutvivor benefit annuity in the event: of the menber's death, The Chief of laval Prsonnel has e-prensed the view thcat undar the provioionu C 10 U.SC,1450(f), the enbar may, (&) retain his proeseLt iir. curable interent eletion, or (b) change tlit inrurnble interest covaragn in favor of the newly vcquired npouse provitdd that cuch a change is stbri.ttted within one yer of the date of nariogo, rurther, that ohould the m mber choose the second alternative procedure, the Chief of Naval Personnel orpresweo the opinion that such a cvinr,o of ciection would be effective upon receipt by the Nlavy; thnt it could not be chcnged at any future date, and that undur the prnvisions of In .,S.C. 1446(d) the newly acquitod spouse would in'.ediutely qualify a awt eligible vnnuitant in the event, the o eber dies in au active duty ctntw, Howvr, thut Chief of U1aval Personnel indicaten that tiero iu a cortain elevent of doubt as to tho outccrno follo'w±ng a chrvng o. oloctioui to provide covorne for o opouse, if the taer.bor is rolesed to inactive duty and then dies, but prior to th, lapse of tWo ycars from tie date ol narrioco. lle therefore aohn the following qtcrtionw: 1, If tho newly acquired spouse was dttenad to ba an cligilble annuitaut tudr .10 U.S.C. 140(d), r'ould es'he nc i ,'i'ijsMI , DFCISION 5 j9Ioty,4,....,.C..p

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