About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-245295.2 1 (1992-08-03)

handle is hein.gao/gaobadocz0001 and id is 1 raw text is: ,LLS QqComptroller General of the United States W&ahlngton, D.0, 20548 Decision Matter of: Constance L. Posner File: B-245295.2 Date: August 3, 1992 DIGEST I A member who elected Survivor Benefit Plan (SBP) coverage for his wife when it became available in 1972, who was divorced in 1977 with a court order and incorporated, agreement purporting to designate her as an SBP annuitant, and who failed to actually elect former spouse SBP annuity coverage when such coverage was authorized in 1983, cannot be deemed to have elected former spouse coverage if the Secretary did not receive a request for such an election from the former spouse before October 1, 1985, the statutory deadline, 2. An order from a state court in 1991 after th1e member's death that purports to enforce a 1977 court order and incorporated agreement designating a former spouse as the SBP annuitant, is without effect as a basis for' a deemed election on behalf of the former spouse since it does not modify the prior court order. A modification of a prior court order must for the first time order SBP coverage for the former spouse. Where the former spouse already was entitled to coverage based on a voluntary agreement in the original decree, but neither the member nor the former spouse filed an election within the time periods allowed, the 1991 order does not give the former spouse a new 1 year period for filing for a deemed electior. DECISION Constance L. Posner, the former spouse of Major George E. Posner, United States Army (Retired) (Deceased), claims an annuity under the Survivor Benefit Plan (SBP), 10 U.S.C. §§ 1447-1455. Our Claims Group and the Defense Finance and Accounting Service (DFAS) denied her claim. We affirm. BACKGROUND Major Posner retired from the Army on February 28,4/1958, and on November 9, 1972, named Constance L. Posner, then his wife, as his SBP beneficiary. In 1976, Major Posner petitioned the Superior Court of California (San Mateo County) for a dissolution of his marriage with Constance. I 'Tg

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most