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B-183457,B-188932 1 (1978-04-03)

handle is hein.gao/gaobadteh0001 and id is 1 raw text is: COMPTROLLFR GENERAL OF THE UNITED STATES WASHINGTON. D.C. Z0348 B-183457 APR 8 1978 B-188932 The Honorable John C. Stennis Chairman, Committee on Armed Services United States Senate Dear Mr. Chairman: In our continuing effort to render assistance to Congress, we wish to invite your Committee's attention to an additional problem recently presented to this Office regarding the Survivor Benefit Plan (SBP), 10 U.S.C. 1447-1455, which we believe the Congress did not foresee. The situation involved a retired member who, follow- ing retirement and election of spouse coverage under the SBP, accepted employment in the Foreign Service. At the time of his retirement from the Foreign Service, he waived receipt of military retired pay so that his service time could be included in the computation of an annuity under that system. In addition, he elected a survivor annuity on behalf of his spouse under that system. The questions presented for our resolution were whether the member was required to continue to contribute to the SBP, notwithstanding his waiver of retired pay and if so, whether his spouse would be entitled to receive both the survivor annuity under the Foreign Service system and the survivor annuity under the SBP upon his death. In the analysis of the laws governing the matter, the following provisions of the SBP and their related legisla- tive histories were considered. Section 1452 of title 10, United States Code, provides in pertinent part: 11(d) If a person who has elected to participate in the Plan has been awarded retired or retainer pay and is not entitled to that pay for any period, he must deposit . .'-•.. ,. ,• :: .-: : . -:'.5: : ': ,': • • ;:;<.: :.'.=' : i '< ; .; ':. . •: : :•'L?: . '!........................................... • '-

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