Validity of Survivor Benefit Plan Participation

An advance decision was requested concerning the validity of an election by a retired naval officer to participate in the Survivor Benefit Plan. The retired officer was divorced, but some years later his wife filed an action for declaratory judgment seeking to have the divorce ruled invalid. The wife was awarded a default judgment declaring invalid and void the divorce decree received by her husband. Subsequently, the husband submitted an election for Survivor Benefit Plan coverage and listed the same address for his wife and himself. GAO held that an election made by the retiree shall be considered valid if made within a reasonable period from the time that the voidance of the divorce decree properly established the previous existence of the marriage. Guidance was also requested as to the date that costs of participating in the Plan should be deducted from his retired pay and the date that his wife becomes an eligible spouse beneficiary. For the purposes of computing reduction of retired pay, the effective date of the election is the first day of the first month in which the election is received by the Secretary of the Navy. The member's wife shall be considered an eligible beneficiary from the time of election. Accordingly, an effective election into the Plan was made.