Stolpe v. United States

Introduction

WIESE, Judge.

Plaintiff, Carol A Stolpe, claims entitlement to a survivor annuity under the military’s Survivor Benefit Plan (“Plan”). Plaintiffs husband, Captain John Stolpe, now deceased, retired from the Public Health Service in 1984 and, at that time, elected not to provide a survivor annuity for his wife. Plaintiffs basic contention in this suit is that her husband’s election not to participate in the Plan was invalid because the Government failed to comply with the statutory provision that requires spousal notice and counseling before a member of the armed forces may opt out…