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Entitlement to Survivor Benefit Plan Annuity

B-205400 Jun 07, 1982
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Highlights

The Air Force requested an advance decision concerning the propriety of paying a voucher for annuity benefits under the Survivor Benefit Plan to the children of one of its deceased officers. The officer elected Survivor Benefit Plan coverage when he was notified of his eligibility for nonregular retired pay. Subsequently, he became eligible for retirement, but was not retired. Later, he was killed while on active duty for training. Although he lost his eligibility for retired pay under one law upon becoming eligible for retirement under another law, his original election for coverage of his children continued in effect since he had not retired when he died. Therefore, the children are entitled to Survivor Benefit Plan coverage under that election, and the voucher may be paid in accordance with this decision.

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