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B-230824 1 (1988-11-14)

handle is hein.gao/gaobadngp0001 and id is 1 raw text is: The Comptroller General of the United State Washhqpao, D.C. 20548 Decision Master Chief Petty Officer John W. Todd, USN (Retired) (Deceased) File: B-230824 Date: November 14, 1988 DIGEST The Survivor Benefit Plan (SBP) is an income maintenance program established under federal law for the dependents of deceased service members. The law governing the program identifies the eligible beneficiaries and specifies an order of precedence among them. The SBP law does not authorize service members to treat annuities as assets of their estates, or to designate annuitants in wills or other testamentary instruments, or to appoint guardians or trustees to oversee the disbursement of annuity payments. Hence, a retired Navy petty officer could not effectively in his will either designate an SBP annuitant or designate guardians to disburse the annuity, and the SBP annuity payable upon his death must instead be disbursed in conformity with the applicable provisions of federal law. DECISION In this case we conclude that a retired service member may not dispose of a Survivor Benefit Plan (SBP) annuity in his will.l/ BACKGROUND Master Chief Petty Officer John W. Todd, USN, retired from active service in the Navy and was transferred to the Fleet Reserve on June 1, 1971. After the SBP program was established in 1972, he elected to participate in the program with spouse and child coverage, and he therebV 1/ This action is in response to a request for an advance decision received from W. C. Simpson, Disbursing Officer, Navy Finance Center. The request was forwarded here after being cleared by the Department of Defense Military Pay and Allowance Committee and assigned submission number DO-N-1488. 0 4 T0/ 137a71

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