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B-183374 1 (1975-06-04)

handle is hein.gao/gaobadciu0001 and id is 1 raw text is: -V O-,4 ~LR THE COTIPTROD.. ER GENERAL DECISIoN . . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: JUN 4 1975 B-183374 MATTER OF: Survivor Benefit Plan coverage eligibility * Mrs. Helen T. O'Neill DIGEST: An election by a military'retiree to partic- ipate in the Survivor Benefit Plan (SBP) and cancel his Retired Serviceman's Family Protection Plan (RSFPP) coverage, is of no force or effect in view of the limitation contained in 10 U.S.C. 1450(d), where he has previously waived his retired pay in order to increase his Civil Service annuity and has in effect a survivor annuity under that program, and the widow of such a member is to have her RSFPP coverage reinstated. This action is in response to a letter dated February 7, 1975 (file reference RPTT), from Captain M. V. Starr, USAF, Head- quarters Air Force Accounting and Finance Center, requesting an advance decision concerning the propriety oi making paymant on a voucher in the amount of $241.22, in favor of Helen T. O'Neill, widow of Senior Master Sergeant John B. O'Neill, USAF, Retired, representing Retired Serviceman's Family Protection Plan (RSFPP) annuity payments for the period August 1, 1974, through November 30, 1974, less the cost of such an annuity for the period August 1, 1973 to August 24, 1974. The submission was forwarded here by letter dated March 3, 1975, from the Chief, Finance Group, Directorate of Accounting and Finance, and was approved by the Department of Defense Military Pay and Allowance Committee as Air Force Request No. DO-AF-1230. The submission states that Sergeant O'Neill retired from the Air Force effective April 1, 1966,having elected options 3 and 4 under the RSFPP, 10 U.S.C. 1431-1446. Immediately after his retirement from the military, the member became a civilian employee of the Federal Government. He retired from Government service on January 30, 1973, at which time he waived his military retired pay so that his military service could be used to his increase his Civil Service annuity. The member also elected to provide survivor coverage for his spouse from his Civil Service annuity benefits. The submission further states that on July 5, 1973, the member filed an Election Certificate by Existing Retiree under the Survivor Benefit Plan (SBP), which elected coverage for his dyb

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