[DOD Questions Concerning Reinstatement of Annuity Eligibilty Under Survivor Benefit Plan]

The Department of Defense requested a decision concerning the reinstatement of annuity eligibility under the Survivor Benefit Plan where the child beneficiaries lost their eligibility for an annuity due to school nonattendance or marriage. GAO held that: (1) beneficiaries who are between 18 and 22 years old are eligible for annuity benefits if they are full-time students; (2) any adjustment necessary for situations in which retired pay is adjusted or discontinued for a time due to nonattendance should be made effective on the first day of the month after the beneficiary has resumed school attendance; and (3) a beneficiary terminates his annuity eligibility once he enters into a valid marriage and cannot reinstate his annuity if he is subsequently divorced before he is 23 years old unless the marriage is shown to be invalid.