TN 43 (10-23)

RS 01702.213 OPM Employee, Retired From MS, Dies - Policy

A retired career veteran in receipt of military retirement pay who is employed under civil service may not elect in advance to waive their military retirement upon death, for OPM to use pre-1957 MS in survivor benefit computation purposes.

While the military use of the pre-1957 MS for retirement purposes normally bars SS MS wage credits, if the veteran has covered active duty pay after 1956, we may grant wage credits for service in the period 1951-1956 without development to OPM. This is because OPM may not grant pre-1957 MS credit if the veteran is retired from the military, unless the military retirement is waived, which can be done only at the time of OPM retirement.

The surviving spouse cannot waive the military retired pay which ends upon the veteran's death. The fact that the surviving spouse may or may not be entitled for military survivor benefits under the SBP has no bearing on our granting of 1951-1956 wage credits. See RS 01702.200B. regarding an annuitant's military retirement waiver.