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B-244101 1 (1992-08-03)

handle is hein.gao/gaobadocy0001 and id is 1 raw text is: thqComptroller General of the United States Wa)ngtoD,, 20548 Decision Matter of: File: Date: Nawanna Driggers--Survivor Benefit Plan-- Former Spouse Coverage B-244101 August 3, 1992 DIGEST Where final divorce decree stated that member's former spouse was to be designated beneficiary under Survivor Benefit Plan and both member and former spouse, under deemed election provisions, fail to take action to effect such election within 1-year period after divorce, subsequent attempted election is without effect, Also, court ordered election under 10 U.S.C. § 1450(f)(4) is without effect to extend or open new 1-year window for such election. DECISION This action is in response to a submission from the Defense Finance and Accounting Service (DFAS), Denver Center, concerning the entitlement of Nawanna Driggers to be designated as the former spouse beneficiary under the Survivor Benefit Plan (SBP) of Staff Sergeant Fate R. Driggers, USAF, Retired. The issue to be resolved is whether a courttorder reiterating an earlier divorce decree requirement that Sergeant Driggers provide former spouse coverage for Nawanna Driggers establishes a new statutory 1-year filing period for election of coverage or whether the order is without effect because it does not establish a new filing period. We find Nawanna Driggers not entitled to be designated the SBP beneficiary. Sergeant Driggers retired from the Air Force on July 31, 1976 and elected to participate in the SBP, Sergeant and Mrs., Driggers were divorced on December 31, 1985, pursuant to a Final Judgment of Dissolution of Marriage issued by the Superior Court of Santa Clara County, California. The divorce decree incorporated Sergeant Driggers' earlier marital settlement agreemeht to continue Nawanna Driggers as his SBP beneficiary pending their divorce and to designate her as a person with an insurable interest in his life following their divorce, as required-at the time of the marital settlement agreement in order for a former spouse to qualify for a SBP annuity. IC)

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