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B-183031 1 (1975-08-19)

handle is hein.gao/gaobadury0001 and id is 1 raw text is: ,/ 0 THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES 603 '- WA S HI N G TON, 0. C. 20 5 48 LIT0O~ FILE: B-183031 DATE: 'A iJ 19 1975 MATTER OF: Survivor Benefit Plan revocation - Colonel Retired DIGEST: 1. Members who retired before Survivor Benefit Plan effective date and elected to partici- pate in the Plan under subsection 3(b) of Public Law 92-425, may not unilaterally revoke such elections during the 18-month period pro- vided for such election or at any time there- after. Revocation or correction of an S1BP election based on administrative error' is a secretarial prerogative under 10 US.C4 1454. 53 Comp. Gen, 393 (1973) modified. 2. Revocation or correction of a Survivor Bene- fit Plan (SBP) election based upon adminis-- trative error- is a secretarial prerogative under 10 U.S.C. 1454 and may be exercised to revoke or modify SBP coverage based upon a finding that the member received erroneous or insufficient information and that such information caused him to make an election he would not otherwise have made. This action is in response to a request for an advanc decision /< from the Finance and Accounting Officer, United States Army Finance and Accounting Center, Indianapolis, Indiana, concerning the propri- ety of making payment on a voucher in the amount of $1,668.44 in favor of Colonel , V31A, Retired, . The amount represents the refund of deductions from his retired pay during the period August 1, 1973, through October 31, 1974, incident to his election to participate in the Survivor Benefit Plan (SBP) (Public Law 92-425, approved September 28, 1972, as amended, 10 U.S.C. 1447-1455)(1972 Supp.)). The Office of the Comptroller of the Army, Department of the Army, forwarded this request by letter dated January 10, 1975 (file reference DACA-FJ- A), under Control Number DO-A-1229 assigned by the Department of Defense Military Pay and Allowance Committee. PUBLISHED DECI JN .ogo. - . . . ~............ .

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