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4
COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON, .D C. 30545
SEP 2 81973
The Honorable James R, Schlesinger
e Secretary of Defenr e
Dear fIlr Secretary;
4 e 6 C % x
Cr
Further reference is made to a letter dated June 18, 1973,
from the Acting Assistent Secretary of Defense (Comptroller),
requesting a decision regarding the[obligation of tle Government
to pay a4 annuityjunder the provisions of the Survivor Ilenefit
Plan, i0 U.S.C. 1147-1455, as added by Public Law 92-425, under
certain circunstances, A copy of the Department of Defence
Military Pay and Allowance Committee Action No. 474, setting
forth and discussing the questions was attached.
The questions posed in the Cowmttee Action are:
If upon becoming entitled to retired or
retainer pay, member states that he does not
have a spouse or child eligible for an annuity
under the Survivors Beaefit Plan, and is accord#
ingly relieved from reduction in retired or
retainer pay on that basls; but it is discovered
upon his death that ie did in fact have an eligible
spouse or child at the time of hi retirementz
a. Does the atatement relieve the
Govarnriont of the obligation to pay an
annuity to the surviving spouse and child;
and
b. Xf the answer to a. above is
negative, should the charges whch were
not withheld from retired pay be offoot
from the annuity; and
c. If the answBr to b. above is
affirmativeo shoul] the amount be con-
nidered delinquent and interest charges
aloo ba assessed?'
PULISHED DECISION
53 Cromp. Gon.,......,.4,
All
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