[Request for an Advance Decision To Establish Entitlement to Annuity]

A Coast Guard certifying officer requested an advance decision to establish entitlement to an annuity under a survivor benefit plan in the case of a retired Coast Guard captain, questioning the wife's eligibility since she was implicated with her husband's death. After hearing evidence that the husband's death was accidental, the jury acquitted the wife on all criminal charges in connection with the matter. GAO has allowed payment where there has been an acquittal on criminal charges barring further evidence of inexcusable or unjustifiable action. GAO held that, based on the acquittal and information it had obtained that indicated a lack of felonious intent, the widow was entitled to survivor benefits. Further, GAO noted that the Veterans Administration had affirmed her eligibility for benefits from that agency. Accordingly, annuity payments under the survivor benefit plan may be paid to the widow.