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B-190908 1 (1980-06-26)

handle is hein.gao/gaobadijc0001 and id is 1 raw text is: 4. THE COMPTROLLER GENERAL DECISION . OF THE UNITET STATES WASHINGTO9, . 254 FILE: B-19iqnio DATE: June 26, 11850 MATTER OF: Lieutenant Colonel John F. Delahanty, Jr, USA Retired (Deceased) DIGEST: The spouse of a member retired prior to the effective date of the Survivor Benefit Plan, for whom timely coverage was selected as authorized by subsection 3(b) of Public Law 92-425, is the proper recipient of annuity payments on his death, even though they were only married approximately 21 months at the time of the member's death. B-190908, April 26, 1978, sustained. This action is in response to a request for reconsid- eration of our decision B-190908, April 26, 1978, a case involving Survivor Benefit Plan annuity payments due in the case of the late Lieutenant Colonel John F. Delabanty, Jr., USA, Retired. The ruling in that decision was that Colonel Delahanty's spouse, Carmen Delahanty, was the proper recipient of the annuity rather than his two dependent children by a former marriage. / That decision is challenged by Edward S. Rosenthal, Esq. on behalf of the two children on the basis that the member and Carmen had been married only approximately 21 months at the time of his death and tEr provisions of 10 U.S.C. 1447(3) at the time of the member's death, required a minimum of 2 years of marriage in order for a surviving spouse to qualif as an eligible widow for annuity purposes. As grounds for reconsideration it has been suggested that our interpretatior of the law is contrary to its plain language, that our con- struction is clearly at variance with the Congressional scheme and purpose of the law, and that the rationale under- lying the decision mandates results in specific instances that amount to an administrative nullification of Congressional intent. Colonel Delahanty retired from the United States Army on February 1, 1970. On October 27, 1972, he elected into the Survivor Benefit Plan (10 U.S.C. 1447-1455) under the provisions of section 3(b) of Public Law 92-425, 86 Stat. 706, 711-712, selecting full coverage for spouse and dependent children. Listed was his wife, Carmen F. 1 I 1-Fe-

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