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B-225897 1 (1987-09-25)

handle is hein.gao/gaobadmvu0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Washington, D.C. 20548

Decision


           Major Walter V. Shevchik, USA, Retired -
Matterof:   Child's Annuity Under the Survivor
            Benefit Plan
File:       B-225897

Date:       September 25, 1987


DIGEST

Retired military member who has waived military retired pay
  in order to increase civil service annuity cannot use both
  military and civilian service to provide a double survivor
  benefit or annuity for a dependent child. Since by opera-
  tion of law the dependent child of a civil service employee
  will receive a civil service survivor annuity, the child may
  not be a beneficiary for military Survivor Benefit Plan
  (SBP) annuity.


  DECISION

  The issue in this case is whether an individual who waived
  his military retired pay so as to apply his military service
  towards a civil service retirement may still elect to
  provide a Survivor Benefit Plan (SBP) annuity based on his
  military retired pay for his dependent child.l/ For the
  reasons to follow, we hold that there is no authority for
  the annuitant to provide an SBP annuity for his dependent
  child.

  BACKGROUND

  Major Walter V. Shevchik retired from active military duty
  after more than 20 years' service in the Army on
  February 29, 1956. Prior to retiring, he elected coverage
  for spouse and children under the predecessor plan to the
  SBP, the Retired Serviceman's Family Protection Plan
  (RSFPP). Subsequently, with the passage of the SBP law,


  1/ The matter was presented for an advance decision by
  P. B. Wolfsheimer, Special Disbursing Agent, U.S. Army
  Finance and Accounting Center, Indianapolis, Indiana. The
  Department of Defense Military Pay and Allowance Committee
  approved the submission and assigned it number DO-A-1469.


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