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B-226909 1 (1987-12-15)

handle is hein.gao/gaobadmye0001 and id is 1 raw text is: 


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




           Matterof- Kimberly Lee Hall - Survivor Benefit Plan -
                     Dependent Child
           File:     B-226909
           Date:     December 15, 1987


           DIGEST

           A retired Air Force sergeant elected to provide Survivor
           Benefit Plan annuity coverage for his daughter. The daugh-
           ter was subsequently adopted by her stepfather following
           her mother's divorce and remarriage. The adoption proceed-
           ing was set aside by a later state court order. Questions
           about the soundness of the later court order setting aside
           the-adoption do not overcome the presumption in favor of
           its validity. Therefore, the daughter remained eligible
           for an annuity under the Plan as the member's dependent
           child beneficiary.


           DECISION

           This action is in response to correspondence received
           from the Directorate of Retired Pay Operations of the
           United States Air Force Accounting and Finance Center.
           The Air Force asks whether it should pay a claim for a
           Survivor Benefit Plan annuity submitted by Kimberly Lee
           Hall, daughter of Technical Sergeant Richard L. Hall
           (Retired) (Deceased). We authorize the Air Force to make
           payment to her.

           BACKGROUND

           Congress adopted the Survivor Benefit Plan on September 21,
           1972, Public Law 92-425, 86 Stat. 706, as amended and as
           codified, 10 U.S.C. SS 1447-1455. The purpose of the Plan
           is to establish a survivor benefit program for military
           personnel in retirement to complement the survivor bene-
           fits of social security. Department of Defense Directive
           No. 1332.27 § 101 (January 4, 1974). To that end, military
           retirees may elect to provide an annuity payable at their
           death to an eligible beneficiary in exchange for their
           contributions to the program during their life.







                                 M 663

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