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B-221968 1 (1987-12-29)

handle is hein.gao/gaobadmym0001 and id is 1 raw text is: 1+ __ °XR The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Charlotte S. Neal--Survivor Benefit Plan-- Former Spouse Coverage File: B-221968 Date: December 29, 1987 DIGEST Amendments made to the Survivor Benefit Plan in 1982 and 1983 gave retired service members the option of voluntarily electing survivor annuity coverage for a former spouse. A further amendment enacted in 1984 provides that if a retiree agrees in writing to elect annuity coverage for a former spouse and then fails or refuses to do so, the retiree nevertheless shall be deemed to have made such an elec- tion. If a retiree dies without ever being eligible to provide annuity coverage for a former spouse, however, the retiree cannot properly be considered to have ever failed or refused to elect such coverage nor can the retiree be deemed to have made the election under the terms of the 1984 amendment. Hence, a voluntary election to provide annuity coverage for a former spouse cannot be deemed to have been made in the case of a retired Navy officer who died before the effective date of a statutory amendment that would have permitted him to elect coverage for his ex-wife. DECISION Mrs. Charlotte S. Neal questions the correctness of action taken by the Department of the Navy in denying her claim for a Survivor Benefit Plan annuity, based upon her status as the divorced wife of Lieutenant Commander Michael D. Christian, USN (Retired) (Deceased). In light of the facts presented, and the applicable provisions of law, we conclude that the Navy acted correctly in denying her claim. BACKGROUND Mrs. Neal married Michael D. Christian on November 8, 1958. On February 1, 1978, he retired from the Navy in the grade of lieutenant commander. Upon retirement he elected to participate in the Survivor Benefit Plan with spouse cover- age, thus electing to receive retired pay at a reduced rate

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