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B-179018 1 (1976-08-06)

handle is hein.gao/gaobadtfg0001 and id is 1 raw text is: / 0 ULER d Q THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES 2 WASHINGTON, 0. C. 20548 FILE: B-179018 DATE: AIUG 6 1976 MATTER OF: Survivor Benefit Plan - DOD Military Pay and Allowance Comittee Action No. 521 DIGEST: 1. Under the SurviVor Benefit Plan (SBP), 10 U.S.C. 1447-1455, where service member with over 20 years of service is retired, is immediately recalled to active duty and dies while serving on such duty, for purposes of deter- mining monthly SBP annuity authorized by 10 U.S.C. 1448(d), his rate of retired pay is computed under the pro- visions applicable to recomputativ of retired pay to reflect later active duty, 10 U.S.C. 1402. Entitlement would be based upon either subsec- tion (a) or (e) whichever would pro- vide the'ihigher rate, 2. Under the Survivor Benefit Plan (SBP), a member who retires and is immdiately returned to active duty is not consid- ered to have ,become covered by SBP. A.ccordingly if such a member dies while on active duty SBP coverage may be predicated on 10 U.S.C. 1448(d) as applicable to members who die while on active duty. This action is in response to a letter from the Assistant Secretary of Defense (Comptroller) requesting an advance decision on a question relating to the proper method of computing retired pay for purposes of establiahing an anwIty under the Survivor lenefit Plan (BP), 10 U.S.C. 1447-1455,fin the case of a mamber who is retired and recalled to active duty without a break in service and dies while so serving. The question is contained in Department of Defense Military Tay and Altowance Comittee Action No. 521, enclosed with the letter. The question presented is: In B-179018, 10 May 1974 (53 Comp. Gen. 847), it was held that no entitlement to retired pay accrued to a .................,..................-1 : 280 I TDIGWr-, L Ilkf

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