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B-212005 1 (1983-11-29)

handle is hein.gao/gaobadlkw0001 and id is 1 raw text is: DECIBION FILE: B-212005 MATTER OF: . IGE T : THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: November 29, 1983 Chief Warrant Officer Donald R. Bethel, USA (Deceased) A former military member who retired prior to the enactment of the Survivor Benefit Plan elected coverage under the Plan for his spouse and minor children during the 1981 open enrollment period. He died 8 months after the effective date of his election. The total amount deducted from his retired pay on account of his Survivor Benefit Plan election is not payable to either his lawful wife or the individual he designated on his election form as his spouse, in the absence of evidence that he was ever legally married to her. Rather, the deductions are payable to his two dependent children whom he also designated as his beneficiaries under the Plan. This action responds to a request submitted by Mr. J. E. Boone, an authorized certifying officer of the Department of the Army, for an advance decision in the case of Chief Warrant Officer Donald R. Bethel, USA, Retired (Deceased). The reauest was approved by the Department of Defense Military Pay and Allowance Committee and assigned control number DO-A-1420. We find that the amount deducted from Mr. Bethel's retired pay as coverage costs for Survivor Benefit Plan election is payable only to his surviving children. Mr. Bethel retired from the Army on October 1, 1969, with 22 years, 11 months, and 23 days of service for basic and retired pay purposes. The case record contains a certificate of marriage which shows that on October 1, 1955, Mr. Bethel married Mary S. Swanson in Colorado iprings, Colorado. The record also contains a certificaLe of the macriage of Donald R. Bethel and Patcharee Boonmanich on January 28, 1972, in the District of Phra Khanong in Bangkok, Thailand. Both

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