Propriety of Paying Survivor Annuity to Widow of Retired Navy Member

A decision was requested concerning the propriety of paying a survivor annuity to Mary H. Whaley, the widow of retired member Leslie H. Whaley who waived his retirement pay in order to receive greater disability compensation benefits from the Veterans Administration. It must be concluded that the member waived his retired pay in order to increase his civil service annuity even though the agency was not advised of this until after the member's death. The widow is not entitled to the annuity, but she is entitled to all such costs remitted by the member.