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B-201229 1 (1981-08-24)

handle is hein.gao/gaobadjrf0001 and id is 1 raw text is: DECISION FILE: B-201229 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0 C. 20548 DATE: August 24, 1981 Colonel Franklin B. Nihart, USMC, Retired A service member retired before enactment of the Survivor Benefit Plan (SBP) and was entitled to elect SBP coverage for his spouse under the provisions of subsection 3(b) of Public Law 92-425, 86 Stat. 706, 711, as amended, during the 18 months after enactment of the SBP. Before he made an election, but during the 18-month period, he was recalled to active duty and was not returned to the retired list until after the close of the election period. In view of the purpose of the plan--to include as many retirees as possible--and since the statutory provisions do not contain a rule applicable to this situation the election made at the end of the period of extended active duty which began during the 18-month period may be considered valid. This action is in response to a request for decision from the Disbursing Office, Marine Corps Finance Center, as to the propriety of reducing the retired pay of Colonel Franklin B. Nihart, USMC, Retired, to provide coverage for his spouse under the Survivor Benefit Plan (SBP), 10 U.S.C. 1447-1455. For the reasons given we have determined that Colonel Nihart is covered by the SBP and that reduction in his pay for coverage is proper. The case has been assigned Control No. DO-MC-1355, by the Department of Defense Military Pay and Allowance Committee. According to the submission, Colonel Nihart was transferred to the retired list effective July 1, 1966. On July 1, 1973, he was recalled to active duty for 2 years. In June 1975, his tour of duty was extended for an additional 2-year period and later extended through October 31, 1978. On November 1, 1978, he was returned to the retired list. On October 31, 1978, not having elected into the SBP as authorized by subsection 3(b) of Public Law 92-425, 86 Stat. 706, 711, prior to his recall to active duty on July 1, 1973, Colonel Nihart submitted an SBP election under 10 U.S.C. 1448 to provide full coverage for his spouse. Based on that ,0rf elZL 4 ;O1 rc? 1

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