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B-220546 1 (1986-04-07)

handle is hein.gao/gaobadmgp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . OP THE UNITED STATES ' WASHINGTON. 0. C. 20548 FILE: B-220546 DATE: April 7, 1986 MATTER OF: Chief Petty Officer Samuel L. Anderson, USN, Retired, Deceased DIGEST: A retired Navy petty officer's general agreement to continue to maintain his military benefits for his family, included in a separation agreement he executed in 1974, is not an agreement to elect to provide an annuity for his former wife under the Survivor Benefit Plan. Under the laws then in effect mili- tary retirees could not provide survivor annuity coverage for a former spouse and consequently such general language in a separation agreement executed then may not be construed to include the election of annuity coverbge for his former wife. Moreover, the agreement placed him under no obligation to provide annuity coverage for his former wife later when the laws were amended to permit military retirees voluntarily to elect coverage for a former spouse to the exclusion of a current spouse. Hence, after the petty officer died his widow rather than his former wife was entitled to his Survivor Benefit Plan annuity. The question in this case is whether the current or the former spouse of a deceased Navy petty officer is entitled to his Survivor Benefit Plan annuity.1/ The for- mer spouse's claim is based on a provision of a separation agreement entered into in 1974 and subsequently approved by 1/ This action is in response to a request for an advance decision submitted under the provisions of 31 U.S.C. § 3529 by the Disbursing Officer, Navy Finance Center. The request was forwarded here by the Commander of the Navy Finance and Accounting Center after it was cleared through the Department of Defense Military Pay and Allowance Committee and assigned submission number DO-N-1456. - - 3 t'T-

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