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B-204367 1 (1986-08-01)

handle is hein.gao/gaobadmkm0001 and id is 1 raw text is: 4. e 7 THE COMPTROLLER GENERAL OECISION OP THE UNITED STATE8 WASHINGTON, 0.C. 20548 UITS~ FILE: B-204367 DATE: August 1, 1986 MATTER OF: Petty Officer First Class Bennie B. Paradise, USN (Retired) (Deceased) DIGEST: A married Navy petty officer who retired prior to the effective date of the Sur- vivor Benefit Plan (SBP) entered into a ceremonial marriage after attempting to dissolve his existing marriage through invalid foreign divorce proceedings, and he then elected SBP coverage for his alleged second spouse, listing her by name on the election form. Since his election into the SBP was under subsec- tion 3(b) of Public Law 92-425, which required an affirmative election to participate in the SBP, and since the person for whom he elected the annuity was not his lawful wife, his election into the SBP was invalid and no annuity is payable. The question presented in this matter is whether a Survivor Benefit Plan annuity is payable to either of two claimants as the eligible widow of a retired Navy petty officer.l/ In view of the facts of record, and the applicable provisions of law, we conclude that neither claimant is entitled to the annuity. Background Petty Officer First Class Bennie B. Paradise, USN (Retired) (Deceased), married Rita Rom in August 1949. Hi retired from the Navy in June 1970. In August 1970 he obtained a Mexican divorce, and in October 1970 he married Mary Anne Gaylord. In 1972 the Survivor Benefit Plan was established as an income maintenance program for the surviving dependents of deceased service members, through the enactment of Public Law 92-425, September 21, 1972, 86 Stat. 706, as amended and 1/ This action is in response to correspondence received from the Commander of the Navy Finance Center.

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