Reconsideration of Survivor Annuity Payments

A request was made for reconsideration of a GAO decision involving Survivor Benefits Plan annuity payments due in the case of a late retired service member. The ruling in that decision was that the service member's spouse was the proper recipient of the annuity rather than his two dependent children by a former marriage. That decision was challenged on behalf of the two children on the basis that the service member and spouse had been married only 21 months at the time of his death, and legislation which was in effect at the time of his death required a minimum of 2 years of marriage in order for a surviving spouse to qualify as an eligible widow for annuity purposes. As grounds for reconsideration, it was suggested that in the decision the interpretation of the law was contrary to its plain language, that the construction by GAO was clearly at variance with the congressional scheme and purpose of the law, and that the rationale underlying the decision mandated results in specific instances that amount to an administrative nullification of congressional intent. However, GAO held that the service member made a timely election of benefits for his wife and two dependent children. Since he married before the legislation was enacted, upon his death his spouse became immediately eligible to receive an annuity regardless of the fact that they had only been married approximately 21 months at the time of his death. Accordingly, on reconsideration, the action taken in the prior decision was sustained.