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B-229248 1 (1989-12-19)

handle is hein.gao/gaobadnqq0001 and id is 1 raw text is: JThe Comptroller General of the United States Washington, D.C. 2058 Decision Chief Petty Officer Thomas B. Walker, USNR (Retired) (Deceased)--Survivor Benefit Plan - Matter of- Reservist File: B-229248 Date: December 19, 1989 DIGEST A military reservist who irrevocably elects to participate in the Survivor Benefit Plan following completion of the requisite years of service for retirement purposes is considered to have been eligible at that time for retired pay for Survivor Benefit Plan annuity computation purposes in the event of his death before age 60. Survivor Benefit Plan eligibility attaches at that time. Statutory exemption providing an immediate Survivor Benefit Plan annuity for a widow married to a member for less than 1 year at the time he became eligible for retired pay therefore does not apply where a second spouse was married to a member when he began receiving retired pay but was not married to him when he completed the years of service required for retired pay and Survivor Benefit Plan eligibility. DECISION The question presented here is whether the Department of the Navy acted correctly in denying Farlie D. Walker's claim for a Survivor Benefit Plan annuity as the widow of a Navy reservist.1/ We conclude that the claim was properly denied. BACKGROUND Thomas B. Walker was a chief petty officer in the Navy Reserve. On September 16, 1979, he elected to participate in the Survivor Benefit Plan with an annuity coverage for his wife, Mattie Walker. He thus elected to receive military retired pay at a reduced rate in order to provide an annuity for her if she survived him. 1/ This action is in response to a request for a decision received from W. C. Simpson, Disbursing officer, Navy Finance Center.

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