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B-187179 1 (1976-11-30)

handle is hein.gao/gaobaddzu0001 and id is 1 raw text is: 1 Donald Guritz f' illPers 5THE coMPTROLLER OENERA P DEaCISON .sY o .t OF TH E UNITED BTAFES FILE: DATE: NOV a 0 6-187179 MATTER OF: Department of Defense Military Pay and Allowance Committee Action Ho. 530 - Survivor Benefit Plan DIGEST: Service member who vsa married and retired prior to effective date of Survivor Benefit Plan, who was oubsequently divorced but had dependent child on March 21, 1974 (aunivarsary of effective date of Plan as extonded by section 804 of Public Law 93-155), and who did not elect to participate in Plan within 18-month time limitation stated in subsection 3(b) of act, is not eligible to elect participation in Plan after expiration of much time limitation, in absence of further legisla- tion reopening Plan to him. This action is In response to o letter dated August 10, 1976, from the Acting Assistant Secretary of Defenee (Comptroller) requesting an advance deciatoi corcerning the aligibility of a retired member to elect coverage far his spouse under the Survivor Dencft Plan (SBP), 10 U.S.C, 1447-1455, as added by Public Law 92-425, effective September 21, 1972, 86 Stat, 706, in the circ:=toaccs de;cribecd in a1parLtw. aL of Ieziuase Uilicary Pay and Allowance Committee Action No. 530, enclosed with the submission. The question is as foilousa fay a membste who (a) was married and entitled to retired pay on September 21, 1972, (b) was granted a divorce on March 6, 1974, (c) had a dependent child prior to and on March 21, 1974, for whom he did n.t elect coverage, and (d) was remarried on June 7, 1974, elect SBP coverage in favor of the new spouse effective November 11, 19742 XU the case prosented by the question posed in the Committee Action, the member was entitled to rotired pay on September 21, 1972, but apparently did not elect to participate in the SBP by arch 21, 1974, i.e.,within the 18-month period granted by subsec- tion 3(b) of Public Law 92-425. As tia discussion in the Coamittee Action indicate., it appears that based on the clear language of the fourth sentence of subsection 3(b), the member in question could not thereafter elect to participate in the Plan because he Was in fact, married and had a dependent child LO September 21, sJL

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