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B-207626 1 (1983-04-13)

handle is hein.gao/gaobadkzy0001 and id is 1 raw text is: /O/.\ ~ THE COMPTROLLER GENERAL OECISION O ,.J ).)OF THE UNITEO STATES WAH[NOTON. D.C. 20548 FILE: B-207626 DATE: April 13, 1983 MATTER OF: Survivor Benefit Plan - Incapacitated Annuitants DIGEST: 1. Under the Survivor Benefit Plan, 10 U.S.C. 1447 et seq., eligible beneficiaries include a deceased service member's dependent child, a term defined by statute as including one who is incapable of supporting himself because of mental or physical incapacity incurred before his twenty-second birthday while pursuing a full-time course of study. Given this definition, a military officer's daughter who suffered a mental breakdown at the age of 19 during the summer vacation following the successful completion of her first year of college, and who was thus rendered incapable of self-support, may properly be considered a dependent child eligible for an annuity under the Plan. 2. A deceased military officer's daughter, considered eligible for a Survivor Benefit Plan annuity on the basis of mental illness making her incapable of self-support, then recovered from her illness to the extent that she was able to support herself for 6 months through gainful employment. She subsequently suffered a relapse requiring rehospitaliza- tion. The annuity may properly be suspended during the 6-month period of employment. It may be reinstated during the following period when she was again incapable of self-support because of the original disabling con- dition, since the applicable laws governing military survivor annuity plans do not preclude reinstatement in ?~ > ;i~~ I ~ -

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