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B-213101 1 (1984-02-14)

handle is hein.gao/gaobadlnl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECIBION OP THE UNITED STATE8 WASHINGTON. 0.C. 90548 FILE: B-213101 DATE: February 14, 1984 MATTER OF: Rear Admiral Carroll B. Jones, USN, Retired DIGEST: A retired naval officer seeks to have the deductions from his retired pay for the cost of spouse coverage under the Survivor Benefit Plan terminated. The basis of his request is that he has no eligible spouse beneficiary because his wife is entitled to a Survivor Benefit Plan annuity as a result of the military service of her previous husband who died while serv- ing on active duty. The deductions from the officer's retired pay must continue because his wife is legally a potential beneficiary of an annuity provided by him and is, therefore, his eligible spouse beneficiary. This action responds to a request for an advance decision as to whether the deductions from a retired officer's retired pay for Survivor Benefit Plan participa- tion may be discontinued because his wife has elected to forego the annuity for which he is paying costs, in .favor of the annuity to which she is entitled as a consequence of her previous husband's military service.1 We conclude that the deductions may not be discontinued. Rear Admiral Carroll B. Jones, USN, retired from the Navy in March 1957. In September 1973, he elected to participate in the Survivor Benefit Plan (10 U.S.C. SS 1447-1455) under the authority of Section 3(b) of Public Law 92-425, 87 Stat. 615 (10 U.S.C. S 1448, note). He chose spouse coverage, naming his wife, Estelline Jones, as 1The request for advance decision was submitted by J. Guzzonato, Disbursing Officer, Navy Finance Center, Cleveland, Ohio. The request was approved by the Department of Defense Military Pay and Allowance Committee and assigned control number DO-N-1427.

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