[Request for Reconsideration of Widow's Claim for SBP Annuity]

B-260207.2: Nov 6, 1995

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The widow of an Air Force member requested reconsideration of her denied claim for a Survivors Benefits Plan (SBP) annuity. GAO had held that the claimant was not entitled to the annuity, since: (1) she submitted her claim after the statutory filing period; and (2) the Air Force's correction of her husband's records had no effect on the statutory filing period. In her request for reconsideration, the claimant contended that the Air Force should have paid her SBP under a court ruling without filing a claim with GAO, since she inquired through her congressional representative about the SBP. GAO held that the: (1) claimant was required to file a claim with it to toll the Barring Act; and (2) claim was doubtful at the time of the congressional inquiry, since the court had not yet ruled on the services' failure to notify a spouse of a member's failure to elect full spousal SBP coverage. Accordingly, the original decision was affirmed.

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