Entitlement to Survivor Benefit Plan Annuity

A decision was requested as to who was the proper recipient of an annuity under the Survivor Benefit Plan (SBP). A member of the Air Force Reserve who, but for age, was fully qualified for nonregular retirement was authorized to elect participation in the plan prior to age 60. However, the member did not have the opportunity to elect coverage prior to his death. Therefore, the Air Force made a posthumous election on his behalf to show that he selected immediate coverage for his spouse. Subsequent to that action, annuity application forms were received from two women, both claiming to be entitled to survivor's benefits as the member's widow. The member had obtained a Mexican divorce from his first wife, which she had contested. The divorce was upheld in State and Federal court actions, and the first wife was precluded from either attacking the validity of the divorce or the remarriage. GAO has held that the validity of a marriage should be established by a court of competent jurisdiction in the United States. Since a Federal court has held that the first wife could not question the validity of the second marriage, it was the view of GAO that the second wife was entitled to the SBP annuity as the surviving spouse.