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4 N;, COMPTROLLER GENERAL OF THE UNITED STATES
(I \ 4 'WASHINGTON, D.C, 20348
B-178966 Decomber 6, 1973
The Honorable
T1he Secretary of Defense
Door H1r, Secretary: o
Vurther reference in made to a letter dated June 18$ 1973, from
the Acting Assistnuit Secretary of Defense (Conptroller) roquesting.n
decision concerning the eligibility of several categories of other-
1te dependent children of retired nenbers, the children thepselves.
being norvice acnbers, to receive annuities under the provinionn of
the Survivor )Tnnfit Plan, 10 U.S.C., 1447-14i55, an added by Public
Law 92-425 A copy a! the Department of Defenne 4flitary Pay and
Allcrance Cor.r-ttce Action No. 481 etting forth and disctinoing the
question wan attachod.
VTe quection poned in the Comittee Action is:
Is thm child of a deceased retired meber, who in:
a. Under ngu 18, and ser-ving on active duty
in a uniformed service; or
ob, under nige 22, and serving as a cadet or
tidshiprien at a service acaderty; or
Ic. under ago 22, and nnr.lod in an inctitute
of hirh tr lnnrning uador a military subsistence scholar-
ship pro,,ri;
a dopondtnt elifible for payment of a Survivorn Benefit
Plan nnuity, within the meaning of 10 J.S.C. 1447(5),
ac amended by P. L. 92-425.
The brief diacumnion of this question in the committee action
points out that since peroonn of the categories delineated in the
question are provided quartera and nubsintence by the Government,
doubt han been o:.-preaed nn to whether Conitrean intended to include
people in Ch abovc-moentionnd categorie. ?r., b6ing connidorad lirible
for Survivor tcncfit annuities. lim'nvr, the v'Lc.,s wan aluo exprenned
thnit if Convrorn hlind intcndrl to prclinc- nuclh pernnns fro being
ccnntdcred v..i,a] r.t tulCI, t 1 'ic 1g'. , n,2 , ;'. c .langun o to t rt
effect would hnvr. boe Lndludred in tLu statute.
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