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B-232319 1 (1990-03-23)

handle is hein.gao/gaobadnsf0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C 20548 Decision Matterofh Peggy Wimberly Minier-Survivor Benefit Plan Benefits for Former Spouse File: B-232319 Date: March 23, 1990 DIGEST Where a retired service member was ordered by a court in September 1984 to provide a Survivor Benefit Plan (SBP) annuity to his former spouse, and thereafter failed to properly and timely complete the election process, the former spouse was not entitled to an annuity because at that time the law required timely completion of the elec- tion process. However, if the former spouse later obtains a second court order enforcing the original one, which is issued on or after November 14, 1986, the effective date of an amendment to the SBP law permitting court ordered deemed elections, and which requires such an election, then the former spouse is entitled to an SBP annuity starting on the first day of the first month after a proper request for a deemed election is received by the service accompanied with a copy of second order. DECISION On July 20, 1987, the U.S. Air Force Accounting and Finance Center (Finance Center) denied a claim by the former spouse of a retired U.S. Air Force officer for a former spouse Survivor Benefit Plan (SBP) annuity. In accordance with the former spouse's request, the Finance Center then forwarded the matter to the Claims Group of this Office for considera- tion. The matter should be settled in accordance with this decision. BACKGROUND The record shows that Colonel Charles Wimberly entered military service on September 10, 1938, and married Peggy (Wimberly) Minier, on August 1, 1942. He retired on May 31, 1966, and on August 17, 1982, elected full coverage under the SBP for spouse only. Peggy Minier filed for divorce in the Superior Court of California, and after a hearing on July 5, 1984, by its Amended Judgment /-~

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