[DOD Military Pay and Allowance Committee Action Number 560, Survivor Benefit Plan: Former Spouse Coverage]

The Department of Defense (DOD) requested an advance decision concerning the implementation of Survivor Benefit Plan provisions which allowed service members to elect benefit coverage to former spouses. GAO held that: (1) if a retiree agreed to elect annuity coverage for a former spouse and then failed to do so, DOD should deem that the retiree made the election; (2) DOD should determine on a case-by-case basis whether written agreements made prior to the applicable law were effective; (3) if a retiree elected coverage within 1 year of his divorce, the effective date was the actual date of the agreement; (4) if a member's death occurred before the effective date of the statutory amendment permitting election of a former spouse, there would be no election; (5) DOD must recognize deemed elections on behalf of former spouses and initiate collection actions; (6) DOD should use a court order other than a divorce, dissolution, or annulment as a basis for a deemed election; (7) it did not have jurisdiction over decisions regarding eligibility to petition for correction of military records; and (8) a deemed election was effective on the first day of the first month after the date of the court order. Accordingly, DOD should allow deemed elections.