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B-191953 1 (1978-07-03)

handle is hein.gao/gaobadtoh0001 and id is 1 raw text is: DECISION FILE: B-191953 MATTER OF: Major DIGEST- * THE COryrIPTROLLER GENERAL DF THE UNITED STATES WAStH I NGTO N . C. 20548 19 DATE: Ju.ly 3, 1978 (Retired) (Deceased) 1. It is against public policy /0 permit payment of Government benefits including an annuity under the Survivor Benefit Plan (10 U.S.C. 1447-1455) to.a beneficiary who feloniously- kills the person upon whose death such payments become due even when felony charges against the beneficiary are dismissed for lack of evidence., unless it is e~tablished with reasonable clarity the absence of felonious intent. 2. A beneficiary under the Survivor Benefit Plan (10 U.S.C. 1447-1455) was convicted of involun- tary manslaughter but the conviction was reversed and remanded -for a new trial by an appellate court. Although the beneficiary was not brought to trial a second time because the prosecutor determined there was insufficient evidence to warrant such action, a claim for Survivor Benefit Plan annuities by the bene- ficiary-is too doubtful to warrant payment. This action is in response to letter dated April 5, 1978, with enclosures, from Lieutenant Colonel Peter W. Kraska, Chief, Accounting and Finance Division, Air Force Accounting and Finance Center, Denver, Colorado, requesting an advance decision concerning the legality of Paving a Survivor Benefit Plan (SBP) annuity to widow of Major USAF, Retired (deceased), in the circumstances described. That request was assigned Control Number DO-AF-1291 by the Department of Defense, Military Pay and Allowance Committee, and was forwarded to this Office by the Assistant Director of Accounting and Finance, Headquarters U.S. Air Force by letter 6n May 15, 1978. The facts provided are that Major elected SBP coverage for his wife, , on August 4, 1973, The member died on January 1, 1975, due to a gunshot wound inflicted by his wife. The wife was charged with second degree murder and a jury found her guilty of voluntary manslaughter.' --r g.4K

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