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B-200115 1 (1980-10-15)

handle is hein.gao/gaobabjww0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 IN REPLY REFER TO B-200115 October 15, 1980 The Honorable Herbert E. Harris II House of Representatives Dear Mr. Harris: Further reference is made to your letter dated June 26, 1980, with enclosures, requesting a report onmatters, mentioned in correspondence to you from Mrs. Virginia M. Dolan, 4631 Strathblane Place, Alexandria, Virginia 22304. The question involves Mrs. Dolan's titlement to F-ive '... increase in .b& Civil Service survivor annuity she receives as the widow of the late Petty Officer James C. Dolan, USN, Retired, who died July 18, 1977. It appears that the problem in Mrs. Dolan's case involvesLhe question as to whether her husband's military service time may be included in the computa- tion of her Civil Service survivor annuity since it has been determined that Mr. Dolan died while still on the payroll as a civilian employee of the Govern- ment and still in receipt of military retired pay. Apparently Mr. Dolan did not elect to have his retired pay reduced to provide a survivor annuity for Mrs. Dolan predicated on his Navy retired pay. However, he intended to combine naval and Civil Ser- vice for retirement annuity purposes at the time he retired from civilian service. This he could do by waiving receipt of his navy retired pay at the time he retired from Civil Service. When an individual chooses this course of action and elects a survivor annuity under Civil Service retirement, there is entitlement to a full survivor annuity predicated on the combined services. Since Mr. Dolan died before he retired from the Civil Service, his intention in that regard could not be implemented. Mrs. Dolan indicates that she has received informal advice from this Office regarding a method for obtaining a survivor annuity predicated

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