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B-205173 1 (1982-06-09)

handle is hein.gao/gaobadkjo0001 and id is 1 raw text is: 1/86 sr~i rzCOwF'en1on.LVm q9WE NJIFIA L 0) TH' U NUT J lTATEVo Wv A sI-i NCnIr ON. a3,,0 , 0 040S B-205173 DATE: June 9, MATTER DIGEST: OF: Chiqf Warrant Officer Paul If. Schmelzer, USN, Retired b% Navy warrant officer who.retired prior to thm effective date of the Survivor Bene0ft Plan was in a divorced status during the 18-.month period to elect to partcipate in the Plan, but his divorpe was later set aside by a court of competent jurisdiction. In those circumstances an election made by the retirpo shall be con- sidered valid if made within a reasonable period from the time that the voidanc, of the d~vorce decree properly established the pt:evious existence of the marriage. For pnwposes of computing reduction of retired pay, the effective date of th, olectioris the first day of the first ca e.andar month following the month in which the election is received by the Secretary of the Navy. The minmbor' s wife snall be considered an eligible spoure beneficiary from th time of the election. This action is in response to an August 28, 1981 request from the Disbursing orficer, Navy Finance renter, Cleveland, Ohio, for an advance decision concerning the validity of an electlbn to participate in the Sttrvivor Benefit Plan made by Chief Wfrtant officer Paul t. Schmelzer, ,USN Retired. Should our decision e that Mr. Schmelzer made a v4'lid election,°guidance is also requested as to the date that costs of participating An the Plan should be deducted from his retired pay, and the date that his wife, Mrs. 1dna M. Schmelzer, becomes an eligible-spouse beneficiary. For the reasons set out below, we conclude that Mr.. Schmelzer made an effective election on June 24, 1981, that costs of the Plan should be deducted from his retired pay based upon the effective date of that election (i.e., the first day of the first calendar month following the month in which his election was received by the Secretary of the Navy), and that Mrs. Schmelzer was an eligible spouse beneficiary at the time of the election. I .* I- , . . - - .. , . t'p. * , .I. . . .,*e,.... . ,,*..1. - . ....I P* '.0.0 . ,.. I -I.. ,- F'L, F 1982

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