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B-226114 1 (1987-12-15)

handle is hein.gao/gaobadmyk0001 and id is 1 raw text is: LThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Linda Wilson - Claim for Survivor Benefit Plan Annuity File: B-226114 Date: December 15, 1987 DIGEST The widow of an Air Force member claims a Survivor Benefit Plan annuity as his eligible widow. Since the claimant was not married to the member at the time he became eligible for retired pay, to qualify for an annuity she must have been married to him at least 1 year prior to his death. Although the parties had entered into a ceremonial marriage only 7 months prior to the member's death, the widow offered evidence of a common-law marriage that allegedly was entered into at least 1 year before the member's death. The disallowance of the claim is sustained on grounds of doubt concerning whether the parties entered into a present agreement to be married at the time their relationship began, as required to establish a common-law marriage under the applicable state law. DECISION Linda Wilson, by her attorney, David B. Small, appeals our Claims Group's disallowancel/ of her claim for a Survivor Benefit Plan annuity as the eligible widow of Master Sergeant Floyd C. Wilson, USAF (Retired). We sustain the disallowance. BACKGROUND The law is clear that a claimant who was not married to the retiree at the time the member became eligible for retired or retainer pay must show that she was married to him for at least 1 year immediately before his death. See 10 U.S.C. S 1447(3)(A). Ms. Wilson contends that our C-iims Group's disallowance was erroneously based on the ground that the 1/ Settlement No. Z-2864278, April 10, 1987.

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