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B-198099 1 (1980-04-17)

handle is hein.gao/gaobabjev0001 and id is 1 raw text is: , It ) -. :Yf....f M( n |COPTnOLLER GENERAL. 0 THF LNITED STATES A ~ WASINGTON, D.C, Z014) B-198099 April i'1, 190 The lonorable John Breaux VL 4u House of Aepresentatives -P.4010 Dear N.r. Breaux: Feference is made to your communication of March 5, 1980, requesting a report on Latters mentioned in an inquiry to you from two of your constituents, Mr. Bob LaBlane and Mr, Clarence Baldridge, who are eligible for retirement from the Postal Service and the military (Reserves or National uard), The question asked concerns the effect the ruling in decision B-192470, January 24, 1980 (59 Comp. Gen. -), would have on survivor benefit coverage for that category oj.. retiree. The January 24, 1980 decision was rendered in response to a request for reconsideration of an earlier decision, B-192470, January 3, 1979. That earlier decision, copy enclosed, which was affirmed in the January 24, 1980 decision, concerned a retired service member who elected into the military Survivor'Benefit Plan (SBP) and thereafter retired from the civil service, having waived receipt of military retired pay so as to increase his civil service retirement, Ife'also derided to retain survivor coverage under the civil service survivor annuity plan. In that situation we held that when the member dies while the waiver of military retired pay is in effect, no military SBP annuity is payable to his survivors since they aia covered by the civ.l service survivor plan and the law does not authorize double coverage for a member who has waived his military retired pay. We are unable. to determine definitely from the material submitted whether the individuals in questihn are eligible to receive retired pay for non-Regular service as authorized by chapter 67 of title 10, ,V United States Code (10 U4S.13. §§1331-1337), or under other retire- ment provisions contained In title 10. See\l0 U.S.C. § 1331(a)(4). However, since it appears they may be el:gible under chapter 67, this response is based on that assumption. The provisions of the military SBP goveming in decisions B-192470, supra, were those contained in 10 U.S.C. § 1450(d), which provides: *. , .#,*

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