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B-243146,B-243147,B-243148 1 (1992-05-21)

handle is hein.gao/gaobadobm0001 and id is 1 raw text is: Comptroler General of thM United Statft Decision Matter of: Application of the Barring Act to Annuity Claims Wile: B-243146, B-243147, B-243148 Date: May 21, 1992 DIGESTS Five'widows' annuity claims were submitted to us in light of Hart v. United States, 910 F.2d 815 (Fed, Cir, 1990), which prohibited use of the continuing claim theory'as an exception to the 6 year Claims Court statute of limitations in a situation where all events necessary to establish the claim had occurred more than 6 years previously, We will henceforth follow Hart in similar situations. In light of this change in stacutory interpretation, we will not disturb the services' prior establishment of annuities in three of the cases. Two other claims must be denied. DECISION We have been asked to settle claims for annuities of five widows of deceased members of the uniformed services. Four of the claims are for Survivor Benefit Plan (SBP) annuities and one ifor a Minimum Income Widow (MIW) annuity. Questions h-ve arisen concerning the effect of the Barring Act, 31 U.S.C. § 3702(b), on these claims due to the recent Court of Appeals decision in Hart v. United States, 910 F.2d 815 (Fed. Cir. 1990). For the reasons presented below, three of the claims presented to us may be allowed, and two must be denied. The SBP program was established in 1972 to provide income maintenance for dependents of deceased members of the uniformed services. Pub. L. No. 92-425, 86 Stat. 706 (1972). Participation in the program is automatic for members who are married at the time they become eligible for retired pay, uiess they affirmatively elect not to participate in the program prior to that time. 10 U.S.C. § 1448(a). Should a member elect not to participate in the program, the statute requires that the government must notify the spouse of that fact. Id. If the spouse is not notified, the effect is to invalidate the election not to participate. Barber v. United Stat, 676 F.2d 651 (Ct. Cl. 1982); t.Naureen S. Fearn, 65 Comp. Gen. 696, 698 (1986). MIW annuities are provided for certain widows who are not entitled to SBP annuities.

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