[Payment of Retired Pay]

An Air Force accounting and finance officer requested an advance decision concerning the payment of retired pay for a retired Air Force officer who has been missing in Southeast Asia since March 1973. When the Air Force became aware of his missing status in October 1981, it suspended payment of his retired pay. His wife requested reinstatement of the retired pay on the basis that the officer had not been legally declared dead. The Air Force specifically asked whether retired pay was payable for any period during which the member has been missing and whether the Air Force was required to wait until a spouse has her husband declared dead before suspending retired pay payments. GAO stated that retired pay accrues only during the retired military member's lifetime and, when a retired member is missing, his retired pay must be suspended from the date that he was last known to be alive. Further, GAO pointed out that, in this case, the retired member was employed by a private contractor doing business with the United States and that the Secretary of Labor is therefore authorized to make a presumption of death determination under the law. GAO suggested that the Air Force consult Labor regarding any such determinations in this case. Further, GAO stated that retired pay payments made after the date of the officer's last known existence should be recouped and credited to his retired pay account pending a determination of his death. GAO noted that similar cases may be treated in accordance with this decision.