[Army Widow's Claim for Survivor Benefit Plan Annuity]

B-226888: May 18, 1988

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The Army requested a decision concerning whether: (1) it could properly change the annuity of the widow of two different officers retroactively and base it on her second rather than her first marriage; and (2) the 6-year statute of limitations applied in such cases. GAO held that: (1) the Army could properly retroactively change the claimant's annuity election to produce the greatest benefit under a recent court decision; and (2) since the claimant's eligibility was limited to the period following her second husband's death in 1985, the 6-year statute of limitations did not bar any part of her claim. Accordingly, the Army may recompute the unreduced annuity for the period from and after her second husband's death.

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