Beneficiary of Survivor Benefit Plan Annuity

A decision was requested concerning payment of benefits under the Survivor Benefit Plan (SBP) to children of a member who had indicated that he was divorced when he was not. A member who has a spouse may not legally elect an SBP annuity for children and exclude the spouse. The annuity should be established in favor of the wife, but no recovery need be made of erroneous payments to the children.