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B-235873 1 (1990-03-23)

handle is hein.gao/gaobadnsi0001 and id is 1 raw text is: *~t~f~) T Comptialer Genral of the United StAM Wnhugmv D.Q MO54 Decision Mater or Mattie M. Walker File: B-235873 Date: March 23, 1990 DIGEST To provide an annuity for his widow, a service member who retired before the Survivor Benefit Plan was enacted had to make an affirmative election of coverage for his spouse. Claimant was not listed on the election form filed by-the service member and her claim for an annuity must therefore be denied. Amounts withheld from the member's retired pay as coverage costs should be paid to the eligible beneficiary under 10 U.S.C. 2771. DECISION This is in response to an appeal of a Claims Group determination regarding Mrs. Mattie M. Walker's entitle- ment to an annuity under the Survivor Benefit Plan (SBP), 10 U.S.C. SS 1447-55. For the reasons presented below, she is not eligible to receive an annuity. The record shows that Mattie Walker married Jim Walker in 1959, and that he retired from the Navy in 1963. When SBP was enacted in 1972, he elected spouse-only coverage and designated Catherine Walker as his spouse. Mattie Walker contends that she and Mr. Walker were never divorced. Mr. Walker died in 1988, and Mattie Walker has claimed an SBP annuity as his widow. Catherine Walker has not responded to inquiries made by the Navy. In order to be eligible for an SBP annuity as a widow under 10 U.S.C. § 1450(a)(1), a claimant must meet the legal criteria of a widow, as defined in 10 U.S.C. § 1447(3). Section 1447(3) defines the term as follows: O4(( A

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