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B-260444 1 (1995-03-22)

handle is hein.gao/gaobabizp0001 and id is 1 raw text is: United States General, Accounting Office Washington, D.C. 20548 - - Office of the General Counsel B-260444 March 22, 1995 The Honorable Ronald D. Coleman Member, United States House of Representatives Federal Building, Suite. 723 700 East San Antonio Street El Paso, TX 79901 Dear Mr. Coleman: This is in response to your letter of January 20, 1995, regarding the claim of Mrs. Alyce K Minton for a Survivor Benefit Plan (SBP) annuity based on the service of Colonel Warren A. Minton, USA (Retired). We have reviewed the information -taken from the correspondence forwarded with your letter and made informal inquiries of the Defense Finance and Accounting Service. We regret to inform you that we must conclude that Mrs. Minton is not entitled to an annuity. Colonel Minton retired from the Army in 1959 and married Alyce Minton in 1974. During an SBP open season in 1992 he elected SBP coverage with Mrs. Minton as his beneficiary, but died 4 days before Mrs. Minton would have become eligible to receive an SBP annuity. The SBP, 10 U.S.C. §§ 1447-1460b, is an income maintenance program for surviving dependents of members of the uniformed services. For members who did not elect coverage at retirement or when they acquired dependents, Congress has occasionally provided an open season for members to elect coverage One such open season was authorized by Pub. L. No. 101-189, § 1405, 103 Stat. 1352, 1586 (1989), as amended by Pub. L. No. 101-510, § 631, 104 Stat. 1485, 1580. Under § 1405(g) of the act an election by the member to provide coverage for a spouse made during the open season was void unless the member survived for 2 years after the election became effective. Under § 1405(e) elections made during the open season became effective on the first day of the month following the month in which they were received by the Defense Finance and Accounting Service (DFAS). 909327 76 3 0 8

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