[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR48.507]



[Page 317]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 48_RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN--Table of Contents

 

                            Subpart E_Annuity

 

Sec.  48.507  Restriction on participation.



    (a) If a person who has made an election under the Plan retires with 

a physical disability before the completion of 19 years of service and 

then dies in retirement, his widow and eligible children can receive 

monthly survivor annuities only if they are not eligible for Dependency 

and Indemnity Compensation payments from the Veterans Administration. If 

either the widow or children are eligible for dependency and indemnity 

compensation payments, then payment of annuities under the Plan may not 

be made to any member of the family. If the retired member's death was 

not service connected and his widow or children are not eligible for 

payments from the Veterans Administration, they may receive the provided 

annuity payments under the Plan.

    (b) If the beneficiaries on whose behalf the election was made are 

restricted as in paragraph (a) of this section, from receiving 

annuities, the amounts withheld from the elector's retired pay as a 

result of the election will be refunded to the beneficiaries, less the 

amount of any annuity paid, and without interest.

    (c) Upon notification of the death of the member in such a case, the 

department concerned will take the following actions:

    (1) Notify the Central Office of the Veterans Administration of the 

death of the member and request that the department concerned be advised 

if an award is made under chapter 11 or 13, title 38 U.S. Code.

    (2) Request the Central Office of the Veterans Administration to 

forward to the eligible widow and/or children an application form for 

survivor benefits under chapter 11 or 13, title 38 U.S. Code, with 

instructions for completion and submission.