About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-201490 1 (1981-03-10)

handle is hein.gao/gaobabjdc0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITEDDT A4E0m WASHINGTON D.C. 20548 B-201490 March 10, 1981 The Honorable Tony P. Hall - House of Representatives Dear Mr. Hall: Reference is made to your letter dated December 4, 1980, enclosing for consideration and report a letter dated Novem- ber 25, 1980, to you from Colonel Henry Shumaker, USA, Retired, concerning his Survivor Benefit Plan (SBP) coverage for his wife and the cost of such coverage under the SBP, 10 U.S.C. 1448-1455, et seq. In this regard, he refers to our decision, B-192470, January 24, 1980 (59 Comp. Gen. 225). First, we wish to point out that we have no information concerning Colonel Shumaker's service and participation in any survivor annuity program other than the information con- tained in his letter. According to Colonel Shumaker, he retired from the Army after 20 years of service and elected into the SBP, selecting spouse coverage. He apparently was thereafter employed by the Federal Government in a civilian capacity and retired from the civil service after 15 years of service, and elected to provide survivor annuity coverage for his spouse under the civil service retirement system. Colonel Shumaker says that under our ruling, his spouse could only receive an annuity under the civil service survivor annuity program even though he has contributed to both plans for many years. He also says that he is unable to receive a refund of the amount he paid for the military SBP coverage even though his wife would be unable to receive any of the benefits. Further, he expresses the view that since his military and civilian service was performed consecutively, rather than concurrently and having paid for both coverages, all benefits have been earned as a matter of law. Our decision 59 Comp. Cen. 225, copy enclosed, was ren- dered in reconsideration of our earlier decision B-192470, January 3, 1979, also enclosed. Those two decisions involved the question of the availability of coverage for a minor dependent of a deceased member under both the military SBP and the civil service survivor annuity programs. Since

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most