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B-190617.2 1 (1988-10-17)

handle is hein.gao/gaobadnga0001 and id is 1 raw text is: The Comptrolier General of the United States Washington, D.C. 20548 Decision Reconsideration of Technical Sergeant John T. Matterof: Baker, USAF (Retired) (Deceased) File: B-190617.2 Date: October 17, 1988 DIGEST Based on our holding in Sarah E. TweeBy, B-226888, May 18, 1988, 67 Comp. Gen. , which overruled our prior decision herein, we now hold that Sergeant Baker's widow is entitled to a full unreduced Survivor Benefit Plan annuity based on her marriage to Sergeant Baker, even though she was also entitled to receive Dependency and Indemnity Compensation from the Veterans Administration based on her first marriage to another service member. Her claim was timely filed and is payable from the day following Sergeant Baker's death in 1977 for the remainder of her unremarried lifetime. DECISION In this decision we hold that Marie T. Baker, widow of Sergeant Baker, is entitled to an unreduced monthly Survivor Benefit Plan (SBP) annuity beginning February 15, 1977, for the remainder of her unremarried lifetime. In the case of Technical Sergeant John T. Baker, USAF (Retired) (Deceased), B-190617, Feb. 16, 1978, we ruled that when a surviving spouse of an SBP participant is also entitled to Dependency and Indemnity Compensation (DIC) from the Veterans Administration, the SBP annuity must be reduced or eliminated under the rovisions of 10 U.S.C. S 1450(c), even where the DIC entitlement is based on the survivor's marriage to another member who died of service- related causes. In the recent case of Croteau v. United States, 823 F.2d 539 (Fed. Cir. 1987), a situation parallel to that in Baker was before the Court of Appeals for the Federal Circuit. The court in that case considered and specifically rejected the holding in Baker and ruled that the widow of two service members was etitled to a full unreduced SBP annuity based on her second marriage, even though she was also entitled to 04,5-7C~ /I --;7C) ?

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