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B-226563 1 (1990-03-02)

handle is hein.gao/gaobadnry0001 and id is 1 raw text is: The CompuUsoer General of the United tates Wningl/et, D.C. 2 U Decision Lieutenant Colonel Warren L. Early, USAF (Retired) - Survivor Benefit Plan - Former Spouse MatteroIA Coverage File: B-226563 Date: March 2, 1990 DIGEST Where retired Air Force officer's court-ordered election to provide his former spouse with annuity coverage under the Survivor Benefit Plan (SBP) was invalid under then-current SBP law, Air Force should not have begun deducting premiums from his pension. Accumulated amount should not be refunded to the officer, however, since the court clearly intended the premium amount to benefit the former spouse. Instead, the Air Force should retain the money pending further court action. DECISION The Department of the Air Force requests an advance decision on refunding to retired Lieutenant Colonel Warren L. Early Survivor Benefit Plan (SBP) costs that had been deducted from his retired pay for an annuity for his former spouse. The issue involves whether Colonel Early's election to provide the annuity coverage was valid.l/ We find that Colonel Early's election was invalid. For the reasons stated below, the Air Force should retain the accumulated premium amount pending direction from the divorce court, which had mandated the election in connection with ordering alimony payments by Colonel Early, as to the proper distribution. BACKGROUND- Colonel Early retired from the Air Force on April 1, 1973, at which time he elected to participate in the SBP program with spouse coverage. He thus chose to receive retired Day l/ The request was approved and assigned submission number DO-AF-1472 by the Department of Defense Military Pay and Allowance Committee.

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