[Application of the Barring Act to Annuity Claims]

B-243146,B-243147,B-243148: May 21, 1992

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Five widows of deceased military members claimed annuities in light of a court decision prohibiting the use of the continuing claim theory as an exception to the 6-year statute of limitations for claims in situations where all events necessary to establish the claim had occurred more than 6 years previously. GAO held that: (1) for three of the claims, it would not disturb the services' prior establishment of annuities; (2) it would not allow a claim for an annuity based on military records more than 6 years after the member's death, since the Air Force did not establish an annuity for the claimant prior to the decision; and (3) it would not allow another claim, since the claimant failed to assert her claim as the decedent's legal widow immediately upon his death. Accordingly three of the claims were allowed and two of the claims were denied.