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B-238463 1 (1990-10-15)

handle is hein.gao/gaobadnux0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20648 Decision Matter of: Claims by illegitimate children of deceased Air Force members File: B-238463 Date: October 15, 1990 DIGEST Claims for Survivor Benefit Plan annuities submitted by the mothers of illegitimate children of two deceased retired service members are denied because neither child lived with her father in a regular parent-child relationship, as required by 10 U.S.C. § 1447(5). DECISION We have been asked to render an advance decision on the propriety of paying Survivor Benefit Plan (SBP) annuities to two illegitimate children of deceased Air Force retired members.l/ The question arises because of various court cases interpreting the statutory language requiring such children to have lived with the member in a regular parent-child relationship. Additionally, we are asked if the fact that the member's assignments prevented him from living with the child has any bearing on entitlement to an annuity. For the reasons presented below, annuities may not be paid to these children. BACKGROUND The record submitted to us indicates that the first child, who was born September 25, 1983, is the illegitimate daughter of a deceased retired member of the Air Force. The member entered on active duty in 1979. He was retired with a disability on April 5, 1988, and died soon thereafter. He designated the child to receive as his daughter the arrears of his pay, but on his SBP election form he indicated that he had no spouse or children and declined SBP coverage. However, the SBP form was executed after he became entitled to retired pay and therefore any eligible beneficiaries would be covered as soon as he retired. The child is receiving both Social Security benefits and benefits from the Department of Veterans Affairs. The 1/ The Department of Defense Military Pay and Allowance Committee has assigned the number DO-AF-1497 to the request. o4Fn~l)/ VA2Z4 2. , I A - -, i I . ( 'I

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