B-174552, JUL 10, 1972

B-174552: Jul 10, 1972

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REPRESENTING THE COST OF COVERAGE UNDER THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN WHICH WAS WITHHELD FROM HIS RETIRED PAY DURING THE PERIOD DECEMBER 1. THE PROVISIONS OF AFR 211-14 AND DOD DIRECTIVE 1332.17 HAVE REFERENCE TO AN "APPROVED" OR "EFFECTED" WITHDRAWAL FROM THE PLAN. IT IS THE OPINION OF THE COMP. THAT THEIR INTENT WAS NOT TO MAKE A MERE REQUEST TO WITHDRAW IRREVOCABLE WHERE THE MEMBER IS GIVEN 30 DAYS TO CONSIDER THE FINALITY OF HIS ACTION. THE GRANTING OF A SHORT GRACE PERIOD IS PROPER IN THE MEMBER'S INTERESTS SINCE IT DOES NOT CONTRAVENE THE PURPOSE OF THE LAW BY PROVIDING A MEANS OF VACILLATING BETWEEN WITHDRAWING OR REMAINING IN THE PLAN SO AS TO AFFECT ITS ACTURIAL SOUNDNESS.