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B-188932 1 (1977-12-23)

handle is hein.gao/gaobadflw0001 and id is 1 raw text is: I * THE COMPROLLER UMNURAL DCISION . OPR THU UNITED STATmS WAUMINGTON. D.C 2054 NIfTV' I I MATTER OF DIGEST; 2. A sirvivise sp e of retired military member, who vafdy elected lt. Bp to provie spose coverage And who later retired from the Foreign Service having ndily elected pose coverage =der tat retireeft system. is etitled to pamut of the Foreig Service mrviwr acaty as well as the elected SBP anmuity. This action is as raepone tora letter from the Asuistant Seuretary at Dfdae (Compteller). reM esn sa advce decsion ancerning the application of the aryver eelt Plan (BP). 10 U. 6 C. 1447-1468. In the case of a mamber retired from *be armed harceq and mbs* * quantly retired thm the Foreign 8ervice with a waiver of his military retlred psyo that his mitary ueryee oMS be inclued in the compu- taton of Me Forela Service ada. A eopy of Depa rtment of Datenase tilitarj Pay and Abovaae Comitt ActIon Nov 3ws attached. The altastion described in the Committee Action involves a retired military member who waliMt elected BP coverage fr hi. spouse and thereaAer was mpaoyed In the Foreign Ervice. Upon retirmant from the Freign S ces he eleeted to taive receipt of his military retired pay so that Ms maitary sreryie coM be Inctaded in the FILE: re% 4.j DATE: UoU on DOW Ma1 Nty ed A be . Commttee 1. A retred service memerwho V 4ty elects lt oh an. wie Beeat Plsa (UP) may not nktarily wthdrw fhm th PhS &Ma shall oflas to ave his rered pay raduced (10 U. & C. MSa)) or nake deposits for yweg (10 U. &. C. HMO3()). f at enutled to retre pg!. a twhistame act the member was -ee qunstly emoyed In the arctp Servie, reir therefrom ad leeted a Mervier amity uner that system. This rests fhem ahe abseee of a provisim Is ae P er Other w companble to iO U. i C. 1413(e) (appicaMe say to Civil servie snrr atin) pemtIng termi- ANOs or dsu m at SP participation. C rpG. 18 176). 'Es a L K: ki II I I

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