[Question Concerning Payment of Survivor Benefit Annuity to Either of Two Claimants]

The Navy requested a decision on whether a Survivor Benefit Plan annuity was payable to either of two claimants as the eligible widow of a retired Naval employee. GAO noted that, although the employee obtained a divorce in Mexico and remarried, he did not establish a bona fide residence in Mexico and the divorce was void. GAO held that the employee's participation in the plan was erroneous. Accordingly, neither the employee's first nor second spouse was eligible for the annuity.