Entitlement of Widow of Air Force Officer to Survivor Benefit Plan Annuity

B-183848: Mar 9, 1976

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An advance decision was requested regarding payment of a Survivor Benefit Plan annuity to the widow of an Air Force officer who died while on active duty. The officer, who had over 20 years of service when he died, was not eligible for retirement under 10 U.S.C. 8911 because less than 10 years of his service was as a commissioned officer, nor was he eligible for retirement under 10 U.S.C. 8914, which applies to enlisted personnel, since he was an officer at the time of his death. Therefore, his widow was not entitled to a Survivor Benefit Plan annuity under 10 U.S.C. 1448(d) since such an annuity was contingent upon the member having been qualified for retired pay.