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B-133142,B-178696 1 (1978-09-06)

handle is hein.gao/gaobadgil0001 and id is 1 raw text is: 11 '-7 THE COMPTROLLs.ER WfENERAL 1DECISIMO1\l. .. OFTHr UNITIeC tiTATES 4 IVASHINGTON, 0,C. 20540 FILE: 0-133142 DATE: September 6 1978 B-178696 MATTER OF; Survivor Benefit Plan - Waiver of erroneouis annuity paymnents DIGEST: The Department of Defense suggests waiver under 10 US.C, 1453 (1976) of overpayments of Survivor Benefit Plan (SBP) annuities made to a large group of annuitanta over a nearly 5-year period due to administrative failure to Increase the reduction in annuities caused by a change in the Social Security law, Since the annuitants are without fault, and in the cir- cumstances recovery of the overpayments would be contrary to the purposes of the SDP, the Comptroller General co.curs in waiver of the overpayments. This action is in response to a letter dated June 2', 1978, from the Assistart Secretary of Defense (Manpower, Reserve Affairs and Logivtics), requesting concurrence by this Office with the proposed action of the Department of Defense to waive recovery of overpayments of annuities made to certain surviving spousnt under the Survivor Benefit Plan (SRiP), 10 U.S.C. 1447- 1455 (1976), as a result of administrative error. The SAP requires a statutory reC'iction In annuities payable to widows or widowers based on their entitlement to Social Security benefits attributable to the deceased member's military service (10 U.S.C. 1451(a)). At the time of enactment of the SeP (September 21, 1972), the Soci.l Security laws maximized surviving spouse benefits at 82,5 percent of -lie amount the deceased worker would be entitled to if still living. Effective January 1, 1973, the Social Security laws were amended by Public Law 92-603 to change that amounL to up to a maximum of 100 percent of the deceased worker's entitleeivnt. Department of Defense regulations (DOD Instruction 1332,2?), did not take the Social Security benefit change into account before it was issued on January 4, 1974. As a result, SBP payments made after January 1, 1973, to such annultants, who were also entitled to Social Security benefits, were not sufficiently reduced. This resulted in overpayments of annuities until Oc'obur 1977, when the Department of Defense took corrective. actin in response to our letter report, 11-133142, September 1, 1977, which identified the administrative error. The Assistant Secretcary states that L_ -- P I

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