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B-178966 1 (1974-01-10)

handle is hein.gao/gaobaadqq0001 and id is 1 raw text is: LCOMPTROLLER GENERAL Or THE UNITED STATES WANHINGTC*f D.C, $048 1-178966 January 10, 1974 The lionornble The Secretary of Dafense Dear Mr, Secretary; Reference is nade to a letter dated October 24t 1973, from the Asuistant Secretary of Dfense (Coptrofler), requesting an advance decision on several questions concerning mhether a grandctld quali- fies as a dependent child under the Survivor Donefit Plan, 10 U.S.C, 1447-1455, as added by Public Law 92-425. A copy of th, Department of Defense ?Ltlitary Pay and Allowrenue Cor-irtco Action No. 493 eotting forth and divcussing the questions wcs atched. The questions posed in the Co'zdtteo Action are as fol.lovs; A rer.tar and his vifo, by court order, have cora and custody of a 10-year old dependent grandchild. T'o court order doe not stipulate that support be paid for the caro of the child. Ia, Does the rrandchi1d qualify as a dopendent child under the Surivor ))enofir Plan? %. If the anrn'er to thu above queflton in in the nffirrativo would it be the saroe if the court order stipulateo an a~ounc of support to be paid? As background the Co~tttee Action 'tates that 10 U.S.C. 1447(5) and Section .021 of Department of Defenso Ieoulations for tho Survivor Benefit Plan, define dependent child as including adopted children, otepchtldren, foster children and recogniced natural children ;tho lived vwi., the retiree in a regular parent-child ralationship,.: The Cormittee also stares its balief that uinco Congress included foater child in the defiultion of doendant child, there appoara to be sufficient latitudo to pormtcrecogiitton of b grandchild as a derondan9for the purposes of the Survivor Donefit Plan. Subsection 1447(5), title 10, Unitad Scatce Code, provides that a dopendent child means a person tho is- 2 :._.. C.,'z. , _ .-- '$ .

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