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B-229157 1 (1988-01-11)

handle is hein.gao/gaobadmyu0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 2058 Decision Chief Petty Officer Robert W. McEachern (Retired) Matterof: (Deceased) - Survivor Benefit Plan Annuity B-229157 File: Date: January 11, 1988 DIGEST 1. A claim for Survivor Benefit Plan (SBP) annuity submitted by the first wife of a recently deceased, retired service member is authorized by our office since the record indicates that the member never obtained a divorce from his first wife before entering into a ceremonial marriage with another woman. With no evidence of a marriage prior to that entered into with his first wife and no evidence of a divorce from his first wife, the member's first wife remains his legal widow. As such, she is entitled to an SBP annuity when the member made an election for his surviving spouse. 2. The legal widow of a retired service member is entitled to a Survivor Benefit Plan (SBP) annuity even though the member named another woman as his spouse on his SBP election form. Since the member retired after September 21, 1972, the effective date of the SBP, the listing of his spouse on the election form is for administrative convenience. The fact that the woman named was not actually the member's spouse does not preclude his surviving spouse from benefit- ing from the plan. DECISION This decision is in response to an appeal on behalf of Rose McEachern from our Claims Group's settlement of August 18, 1987, which denied her claim as widow of Robert McEachern, a retired service member, for payments under the deceased member's survivor benefit plan (SBP). We conclude that Rose McEachern is Robert McEachern's widow, and as his widow, she is the rightful beneficiary of Mr. McEachern's SBP under 10 U.S.C. SS 1447 et seq. Therefore, we reverse the Claims Group's denial of her claim. CcPA, Z

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