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B-236224 1 (1991-12-23)

handle is hein.gao/gaobadnzl0001 and id is 1 raw text is: 14sc T jig Comptroller General ~. of the United States sil/ Washington, D.C. 20548 4, Decision Matter of: File: Date: LaVonne M. Sanchez and Jeffrey L. Cole B-236224 December 23, 1991 DIGEST 1. The Survivor Benefit § 1448(d)(2) may be paid deceased retirement-eligi services living with the deceased member's former for periods commencing on Plan annuity created by 10 U.S.C. to the dependent child of a ble member of the uniformed surviving parent who is the spouse. The annuity may be paid or after March 1, 1986, 2. Law providing Survivor Benefit Plan annuity to dependent child of retirement-eligible deceased service member, where child lives with surviving parent who is not deceased's surviving spouse, states that it applies to claims arising on or after March 1, 1986. The referenced date only limits the time period for which a qualified dependent may make a claim, not the underlying entitlement, so that it is not relevant to the dependent's entitlement that the member diedl before March 1, 1986, 3. Under law providing Survivo dependent child of retirement-e prescribed circumstances, claim October 1, 1980, only if death September 21, 1972, and October not relevant where member died r Benefit Plan annuity to ligible deceased member unde! must be filed before occurred between 1, 1985. Filing deadline it: after such period. DECISION The Air Force re of paying Surviv children of two died while on ac member was the p member's former annuities should quests an or Benefit retirement tive duty. arent of a spouse. F be paid t advance decision on the propriety Plan (SBP) annuities to the -eligible Air Force members who In each case, the deceased m:.nor child who lived with the or the reasons discussed below, o each of the children. 'The Department of Defense Committee has assigned the Military Pay and Allowance number DO-AF-1492 to the request..

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