[Children's Eligibility for SBP Annuities of Deceased Air Force Members]
Highlights
The Air Force requested an advance decision regarding the propriety of paying Survivor Benefit Plan (SBP) annuities to the children of two retirement-eligible Air Force members who died while on active duty, contending that the: (1) first claimant's father died before a provision allowing SBP coverage to dependent children was passed; and (2) second claimant had a surviving parent and was therefore ineligible to a SBP annuity. The Air Force advised that the claimants lived with the decedent's former spouse. GAO held that the: (1) first claimant was entitled to be paid an SBP annuity only from the time period after the provision allowing such claims was passed; and (2) second claimant was entitled to an annuity, since her surviving parent did not qualify as the decedent's surviving spouse. Accordingly, the claims were allowed.