Payment of Survivor Benefit Plan Annuities

B-189133: Sep 21, 1977

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A finance and accounting officer for the U.S. Army Finance and Accounting Center, requested an advance decision with regard to the payment of Survivor Benefit Plan annuities to the surviving spouse of a retired Army member. The surviving spouse was not entitled to the annuities since she had not been legally married to the member at the time he became eligible for retired pay and had not been married to him for at least 1 year immediately prior to his death. She could not qualify for the annuities on the basis that she is the mother of issue by that marriage since their child was born long before the marriage.