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[Propriety of Approving Voucher for Survivor Benefit Plan Annuity Payments]

B-207626 Apr 13, 1983
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Highlights

The Air Force requested an advance decision concerning the approval of a voucher to cover Survivor Benefit Plan annuity payments due a deceased member's mentally ill dependent. The dependent suffered a mental breakdown during the summer break following her freshman year in college. The dependent's illness is such that she periodically improves and then relapses. Three questions were presented which concerned: (1) the dependent's eligibility to receive the annuity since she was not attending school at the time of the illness; (2) whether the annuity is payable when the dependent is self-supporting or whether it is terminated regardless of future relapses; and (3) whether a guardian should be appointed to accept payment of the annuity. GAO held that: (1) since the dependent had fully intended to return for the following school semester but was physically unable to, she is eligible to receive the annuity; (2) the annuity is to be suspended during periods when the dependent is capable of self-support, but must be reinstated during her relapses; and (3) the annuity payments should be credited to the dependent's account until either she recovers sufficient competency to personally receive payment, or a court-appointed guardian is authorized to receive payment under applicable State law. Accordingly, the voucher was approved for payment consistent with this decision.

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