Payment of Survivor Benefit Plan Annuity

A decision was requested concerning payment of a Survivor Benefit Plan annuity to the widow of a retired Army member. The member's previous marriage had never been dissolved, and both women claimed the annuity. Since the member elected to participate in the Plan to provide the annuity to an ineligible beneficiary, the second wife, the election to participate in the Plan was invalid, and no annuity should be paid.