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B-185453 1 (1976-06-11)

handle is hein.gao/gaobaddku0001 and id is 1 raw text is: 

DECISIC


-. THE  COMPTROLLER GENERAL
   OF   THE   UNITED STATES
   WASHINGTON, D.C. 20 48
   NI1?


FILE:


MATTER   0


DIGEST:


B-185453


F:


DATE:


JUN 11 1979?o  6I


Department of Defense Military Pay and
Allowance Committee Action No. 522


1.  A military retiree, who elects to participate
   in Survivor Benefit Plan (SBP) 10 U. S. C.
   1447-1455. and who later elects to combine
   his military service credits with his civil
   service credits for the purpose of receiving
   a civil service annuity, may elect to partic-
   pate in the civil service survivor benefit
   program  at a level lower than that which
   he has in the SBP.


           2. During period that a Survivor Benefit Plan
              (SBP) participant has in effect a waiver of
              military retired pay for purposes of receiv-
              ing a civil service annuity based on com-
              bining military service with civil service,
              under provisions of 10 U. S. C. 1450(d) and
              1452(e) such SEP participation is suspended,
              but if waiver is no longer effective for any
              reason, previously elected SBP participa-
              tion would be resumed and military retired
              pay reduced thereafter.

    This action is in response to a letter dated November 14, 1975,
with enclosure, from the Assistant Secretary of Defense (Comptroller),
in which he requests an advance decision concerning the level of partici-
pation in the civil service survivor benefit program permitted when a
military retiree who is participating in the Survivor Benefit Plan (SBP)
under 10 U. S. C. 1447-1455 (Supp. II, 1972) elects to combine his
military service with civilian service for the purpose of increasing
his civil service annuity. The specific question and discussion thereof
is contained in Department of Defense Military Pay and Allowance
Committee  Action No. 522.

    The specific question is stated as follows:

         When a military retiree, participating in
   the Survivor Benefit Plan under the provisions
   of subchapter II, chapter 73 of title 10 USC,
   elects to combine his military service with his


PUBLISHED DECISION
55 Comp. Gen ......


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