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B-199978 1 (1981-02-09)

handle is hein.gao/gaobadjce0001 and id is 1 raw text is: , ', THE COMPTROLLER GENERAL DECISION O..4,.oF THE UNITED STATES . WAS H I NGTO N, 0 C. 20548 74 FILE: B-1 MATTER OIGEST: 99978 OATE: February 9, 1981 OF: Staff Sergeant Martin P. Roberts, Jr., USA, Retired, Deceased 1. A service member elected spouse and children coverage under the Survivor Benefit Plan at retirement. He was thereafter divorced and remarried but died prior to the first anniver- sary of the remarriage. While his surviving spouse did not qualify under 10 U.S.C. 1447(3)(A) for any annuity at the time of his death because they had not been married at least 1 year, she was pregnant and later gave birth to his child. On that basis she ouali- fies as the eligible widow for annuity purposes effective the date of the child's birth. 2. A service member who elected spouse and children coverage under the Survivor Benefit Plan at retirement was thereafter divorced and remarried but died prior to the first anniversary of the remarriage. While his surviving spouse did not qualify for annuity purposes as his eligible widow at his death, she was pregnant. In view of the 10 U.S.C. 1450(a) provision that payment of the annuity will begin the first day after the death, an annuity may be paid to his surviving dependent children of the prior marriage but must terminate on the date that the surviv- ing spouse qualifies under 10 U.S.C. 1447(3)(B) for an annuity by the birth of his posthumous child. 3. A service member who was married and had children, elected spouse and children coverage under the Survivor Benefit Plan at retirement. He was thereafter divorced and remarried, but died prior

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