[Request for Advance Decision Concerning Payment of Survivors' Benefits]

GAO was requested for an advance decision concerning the benefits payable to the survivors of a deceased military member. The member, who retired prior to the enactment of the Survivor Benefit Plan, elected coverage under the plan for his spouse and minor children during the 1981 open enrollment period. Since he died only 8 months after the effective date of his election of coverage, no annuity was payable under the plan and the total deducted from his retired pay to cover the cost of his participation in the plan was payable to his beneficiaries under the plan. The amount deducted from his retired pay was not payable to either his lawful wife or the individual he designated on his election form as his spouse since no evidence existed that he was ever legally married to her. Accordingly, the deductions were payable to his two dependent children whom he also designated as his beneficiaries under the plan.