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B-205400 1 (1982-06-07)

handle is hein.gao/gaobadkjb0001 and id is 1 raw text is: 0 6 1(4/? : DECISION T|'tU CErtirJI-Rt3LLL:-R GrNERAt, OF TH U LNU\ITQL3 STATEQ WA3IItINfrTON, 0,, RVOLS4B B-205400 DAT5; JUN 't MATTER OF; Lieutenant Deceased Colonel Gone J. Petty, USAFR, DIGESTO 1. An Air Force Reser~le officer elected Survivor Berefit Plan coverage for his children under now provJsions added by Pub, Law 95-397 when he was notified of his eligibility (except that he had not reached age 60) for non-Regular retired pay under 10 U.S.C. chapter 67, Subse- quently le became eligible for retirement under 10 U.S.C. 5 8911 but was not retired. Later he was killed while on active duty for training. Although h.4 lost eligi- bility for retired pay under chapter 67 upon becoming eligible for retirement under section 8911, his original election of coverage for his children continued in effect since he had not retired tinder section 8911 when he died. Therefore, the children are entitled to a Survivor Benefit Plan annuity under that election. 2. Under provisions added to the Su:cvivor Benefit Plan-by Pub. Law 95-397, members notified of their eligibility (except for not having reached age 60) for non-Regular retired pay under 10 u.s.C. chapter 67, may elect immediate coverage for dependents. If such a member becomes ent.tled to re- tired pay undar another law the member loses eligibility for chapter 67 retired pay, but the Survivor Benefit Plan election remains effective until the member actually retires. Ie is then covered by other pro- visions of the Plan and may make a new election. This is in responne to the request of the Deputy Chief, Accounting and ,inance Division, Air Force Accounting and Finance Center, for an advance decision concerning the propriety of paying annuity payments under the Survivor Benefit Plan, 10 U.S.C. .§ 1447-1455, to the children of Lieutenant Colone' Gene 3. Petty, USAFR, Deceased, W- find that the an:,',*, payments may be macie in this case. FILE: 198?

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