B-203903: Feb 11, 1985

A SURVIVING SPOUSE WHO DOES NOT QUALIFY AS AN ELIGIBLE WIDOW FOR PURPOSES OF THE SURVIVOR BENEFIT PLAN MAY NOT RECEIVE AN ANNUITY UNDER THE PLAN ON THE BASIS THAT SHE HAD AN INSURABLE INTEREST IN HER SPOUSE SINCE COVERAGE FOR HER WAS AVAILABLE ONLY AS A SPOUSE AND COVERAGE WAS ELECTED FOR HER AS A SPOUSE. THE MEMBER'S ELECTION TO PARTICIPATE IN THE PLAN WAS MADE 5 YEARS AFTER HIS INITIAL ELIGIBILI...

B-203903: Sep 3, 1981

DIGEST: A PERSON WHO IS MARRIED TO A RETIRED NAVY MEMBER FOR LESS THAN 1 YEAR PRIOR TO HIS DISAPPEARANCE MAY NOT BE CONSIDERED HIS WIDOW UNDER THE SURVIVOR BENEFIT PLAN (SBP). EVEN THOUGH A STATE COURT DETERMINED THAT THE DATE OF DEATH WAS LATER THAN 1 YEAR FROM THE DATE OF MARRIAGE BECAUSE THE COURT'S DECISION WAS NOT BASED UPON A FULL PRESENTATION OF THE FACTS AND BECAUSE THE UNITED STATES WAS N...

B-203903: Sep 3, 1981

An advance decision was requested concerning the propriety of commencing annuity payments for the widow of a retired Navy commander under the Survivor Benefit Plan (SBP). The question was whether an individual who marries a retired Navy member and was married to him less than 1 year at the time he disappeared may be considered his widow for the purposes of receiving the annuity under the SBP. Afte...