[Request for Decision on Refunding Survivor Benefit Plan Costs to Retired Air Force Officer]

The Air Force requested an advance decision on refunding survivor benefit plan costs deducted from a retired Air Force officer's retired pay for an annuity for his former spouse. GAO held that the Air Force: (1) improperly deducted premiums from the retired officer's pension, since there was no statutory provision for former spouse annuity coverage at the time the court issued the officer's divorce decree; (2) should not reimburse the officer for the accumulated amount, since the court intended the amount to benefit his former spouse; and (3) should retain the benefit funds pending the court's distribution decision. Accordingly, the Air Force should retain the funds.