B-202097 L/M, APR 7, 1981
Highlights
HOUSE OF REPRESENTATIVES: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14. WILLIAMS IS A CIVIL SERVICE RETIREE AND APPARENTLY SOON TO BECOME ENTITLED TO MILITARY RETIRED PAY. WOULD HAVE ON SURVIVOR BENEFIT COVERAGE IN HIS CASE. IT IS CLEAR THAT HIS ELIGIBILITY TO RECEIVE MILITARY RETIRED PAY IS BASED ON THE PROVISIONS GOVERNING NON-REGULAR MILITARY SERVICE (CHAPTER 67 OF TITLE 10. IF HE IS COVERED UNDER BOTH SURVIVOR BENEFIT PLANS HIS QUALIFIED SURVIVORS WOULD RECEIVE BENEFITS FROM BOTH. OUR RESPONSE IS PREDICATED ON THE INFORMATION PROVIDED BY MR. SINCE WE HAVE NOT CONFIRMED THAT. IS ELIGIBLE. SINCE INDIVIDUAL IS APPARENTLY EXEMPT FROM HAVING TO WAIVE MILITARY RETIRED PAY IN ORDER TO CONTINUE RECEIVING HIS CIVIL SERVICE ANNUITY (5 U.S.C. 8332(C)).
B-202097 L/M, APR 7, 1981
PRECIS-UNAVAILABLE
HONORABLE GENE SNYDER, HOUSE OF REPRESENTATIVES:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14, 1981, REQUESTING A REPORT ON MATTERS MENTIONED IN A LETTER TO YOU FROM ONE OF YOUR CONSTITUENTS, MR. MARION F. WILLIAMS, 2005 REDLEAF DRIVE, LOUISVILLE, KENTUCKY 40222. MR. WILLIAMS IS A CIVIL SERVICE RETIREE AND APPARENTLY SOON TO BECOME ENTITLED TO MILITARY RETIRED PAY. HE ASKS WHAT EFFECT THE RULINGS OUR DECISIONS OF JANUARY 3, 1979, (B-192470), AND JANUARY 24, 1980 (59 COMP.GEN. 225), COPIES ENCLOSED, WOULD HAVE ON SURVIVOR BENEFIT COVERAGE IN HIS CASE.
FROM THE INFORMATION CONTAINED IN MR. WILLIAMS' LETTER, IT IS CLEAR THAT HIS ELIGIBILITY TO RECEIVE MILITARY RETIRED PAY IS BASED ON THE PROVISIONS GOVERNING NON-REGULAR MILITARY SERVICE (CHAPTER 67 OF TITLE 10, U.S.C. 10 U.S.C. 1331-1337). THAT BEING THE CASE, THE DECISIONS IN QUESTION DO NOT APPLY TO HIM. MR. WILLIAMS HAS SURVIVOR COVERAGE UNDER THE CIVIL SERVICE RETIREMENT SYSTEM. WHEN HE QUALIFIES FOR RETIRED PAY UNDER 10 U.S.C., CHAPTER 67 STATUS, HE MAY ELECT MILITARY SURVIVOR BENEFIT PLAN COVERAGE WITHOUT AFFECTING HIS CIVIL SERVICE SURVIVOR BENEFIT COVERAGE. IF HE IS COVERED UNDER BOTH SURVIVOR BENEFIT PLANS HIS QUALIFIED SURVIVORS WOULD RECEIVE BENEFITS FROM BOTH.
OUR RESPONSE IS PREDICATED ON THE INFORMATION PROVIDED BY MR. WILLIAMS. SINCE WE HAVE NOT CONFIRMED THAT, NOTHING STATED HEREIN SHOULD BE CONSTRUED BY HIM AS CONCLUSIVELY ESTABLISHING HIS RIGHTS UNDER THE MILITARY SURVIVOR BENEFIT PLAN OR THE CIVIL SERVICE SURVIVOR BENEFIT PROGRAM. HOWEVER, SINCE THE CASE DOES NOT APPEAR TO BE COMPLICATED BY ANY UNUSUAL CIRCUMSTANCES THE INFORMATION PROVIDED SHOULD ANSWER MR. WILLIAMS' QUESTIONS.
DIGEST
A RETIRED CIVIL SERVICE EMPLOYEE, WHO ELECTED SURVIVOR COVERAGE UNDER THAT PROGRAM, IS ELIGIBLE, BUT FOR AGE, TO RECEIVE MILITARY RETIRED PAY AND WISHES TO ELECT INTO THE MILITARY SURVIVOR BENEFIT PLAN PURSUANT TO PUBLIC LAW 95-397. SINCE INDIVIDUAL IS APPARENTLY EXEMPT FROM HAVING TO WAIVE MILITARY RETIRED PAY IN ORDER TO CONTINUE RECEIVING HIS CIVIL SERVICE ANNUITY (5 U.S.C. 8332(C)), IT APPEARS HE MAY PARTICIPATE IN BOTH AND IN EVENT OF DEATH, HIS QUALIFIED SURVIVORS MAY RECEIVE BENEFITS FROM BOTH SYSTEM.
TO CONGRESSMAN GENE SNYDER.