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B-197602 1 (1980-09-12)

handle is hein.gao/gaobadiod0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAS H ING TON, . C. 20548 / ~2 t\jQ7/ )4V6~4-7~~ FILE: B-197602 DATE: September 12, 1980 MATTER OF:Jean B. Ford DIGEST:Where the beneficiary of Survivor Benefit Plan annuity payments remarried before the age of 60 causing her annuity payments to be terminated and the second marriage was subsequently annulled, beneficiary is entitled to have her annuity payments reinstated effective as of the first day of the month in which the decree annulling her remarriage was rendered. See: 10 U.S.C. 1450(b) (1976). The issue in this case is whether a Survivor Benefit Plan (SBP) beneficiary, whose annuity was terminated as a result of a subsequent marriage is entitled to have her SBP annuity reinstated effective from the date her subsequent marriage was decreed annulled or from the time the annuity was initially discontinued. For the reasons stated below, the annuitant is entitled to begin receiving her SBP annuity effective the first day of the month in which the decree annulling her remarriage was rendered. The question was presented for an advance decision by the Chief, Accounting and Finance Division., Directorate of Resource Managemeht, Headquarters Air Force Accounting and Finance Center, and has been assigned Air Force sub- mission control No. DO-AF-1337 by the Department of Defense Military Pay and Allowance Committee. Mrs. Jean B. Ford began receiving an SBP annuity after the death of her first husband, Technical Sergeant DeWayne G. Ford, USAF, retired, on July 17, 1976. On October 16, 1978, Mrs. Ford remarried and informed the Air Force of this on October 30, 1978. Her annuity was discontinued on March 31, 1979. The annuity should -have been terminated in October 1978, and as a result an overpayment of the annuity was made. This marriage was subsequently annulled on September 10, 1979,

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