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B-238540 1 (1990-08-30)

handle is hein.gao/gaobadnuc0001 and id is 1 raw text is: Comptroller General of the United Ststes Walngon, D.C 20548 Decision Matter of: Billie J. Howard - Survivor Benefit Plan Benefits for Former Spouse File: B-238540 Date: August 30, 1990 DIGEST A member who elected Survivor Benefit Program (SBP) coverage for his wife and child upon his retirement from the Air Force in 1977, who was divorced in 1985 with a property settlement agreement awarding the spouse 40 percent of his retirement income cannot be deemed to have elected coverage for. the former spouse since he had not executed a voluntary written agreement to provide such coverage. Further, a Nunc Pro Tunc order issued by a state court in 1988 after the member's death purporting to amend the prior 1985 divorce decree to award an annuity to the former spouse is without effect since at that time no authority existed for a court to order SBP coverage incident to a divorce proceeding. DECISION Billie J. Howard, former spouse of Master Sergeant Gerald W. Howard, USAF, (Retired) (Deceased), appeals a denial of our Claims Group of her claim for a survivors benefits annuity. We uphold the denial of the Claims Group on the following basis. Sergeant Gerald Howard was married to the claimant and they had one child, when he retired from the United States Air Force on July 31, 1977. Two weeks earlier he elected spouse and child coverage under the Survivor Benefit Program (SBP). He was divorced from claimant on August 23, 1985, under a Nevada divorce decree and property settlement agreement awarding claimant 40 percent of the net disposable income of husband's U.S. Air Force retirement benefits. The member died on October 25, 1988, and subsequently, on November 23, 1988, claimant secured an order Nunc Pro Tunc, amending the prior decree to specifically provide that the court had intended in 1985 to award the claimant any survivors benefits to which she might be entitled by reason of the member's death. The Air Force and the Claims Group denied

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