Department of Defense Military Pay and Allowance Committee Action No. 536

The Assistant Secretary of Defense (Comptroller) requested an advance decision concerning the application of the Survivor Benefit Plan in the case of a member retired from the armed forces and subsequently retired from the Foreign Service with a waiver of his military retired pay so that his military service could be included in the computation of his Foreign Service annuity. A retired service member who validly elects the Survivor Benefit Plan can not voluntarily withdraw from the Plan. A surviving spouse is entitled to payment of the Foreign Service survivor annuity as well as the elected Survivor Benefit Plan annuity.