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B-230460 1 (1988-06-10)

handle is hein.gao/gaobadncs0001 and id is 1 raw text is: LThe Comptroller General of the United States Washington, D.C. 20548 Decision Lieutenant Colonel William R. Bell, USA Matterof- (Retired) - Survivor Benefit Plan - Former Spouse Coverage File: B-230460 Date: June 10, 1988 DIGEST Amendments made to the Survivor Benefit Plan in 1983 gave retired service members the option of voluntarily electing survivor annuity coverage for a former spouse. A further amendment enacted in 1984 provides that if a retiree agrees in writing to elect annuity coverage for a former spouse and then fails or refuses to do so, the retiree nevertheless shall be deemed to have made such an election. The deter- mination of whether a written agreement may properly serve as the basis for a deemed election depends on the specific terms of the particular agreement submitted. In the case of a retired Army officer who agreed to continue annuity coverage for his wife whether or not the parties . . . are married, an election to provide former spouse coverage may properly be deemed to have been made since those terms establish that the officer made a commitment to maintain annuity coverage for her following their divorce. DECISION Lieutenant Colonel William R. Bell, USA (Retired), claims a refund of amounts deducted by the Army from his military retired pay for the costs of Survivor Benefit Plan annuity coverage for his former wife, Linda C. Bell.l/ We deny that claim. l/ This action is in response to a request for an advance decision from Dorothy M. Oldham, Deputy Disbursing Agent, Army Finance and Accounting Center, concerning the propriety of making payment on a voucher in favor of Colonel Bell for amounts previously deducted from his military retired pay for Survivor Benefit Plan coverage for his former wife. The request was forwarded here by the Assistant Secretary of the Army for Financial Management after it was approved by the Department of Defense Military Pay and Allowance Committee and assigned submission number DO-A-1483. Ok-- 417

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