About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-193472 1 (1979-06-28)

handle is hein.gao/gaobadhiw0001 and id is 1 raw text is: '~THE COMPTROLLER GENERAL ~ (7w /~OF THE UNITED STATES W' \AASHIG TO N 0 C 2 o5 -a8 FILE: B-193472 MATTER OF: DATE:June 28, 1979 Mrs. Susan E. O'Neill Speed DIGEST: A deceased Navy officer's widow was receiving a reduced Qurvivor Benefit Plan_(SBRE_ annuity because she was also entitled to Veterans Administra- tjon-Dependency and Indemnity CompenE- sain DC. Sfreared :ul 19/1 afYer reachTng age 60 and thereby lost entitlement to DIC. Under the new provisions of 10 U.S.C.1450(k), added by § 203 of Public Law 95-397, the full SPB annuity may be restored to her upon repayment of retired pay contri- butions she received when the SBP annuity was reduced. However, under § 210(a) of.Public .Law 95-397, the full annuity may' not be paid for months prior to October 1, 1978. This &ase interprets a new statute fPh wevd aow--e-r- - tain surviving spouses whose -Surv\ivor Benefit Plan (SBP) annuities have been reduced due to their entitlement to Veterans Administration (VA) Dependency and Indemnity Com- pensation (DIC), to have their SBP annuities reinstated in full upon loss of entitlement to DIC due to their remarriage. We hold that, while the new provision authorizes the rein- statement of the full annuity upon repayment by the spouse of retired pay refunds received when the annuity was reduced, payment-of the full annuity may be made only for months beginning on or after October 1, 1978. The specific case in question is a request for recon- sideration of our Claims Division's settlement and the Navy's action concerning Mrs. Susan E. O'Neill Speed's SBP annuity entitlement as the formedr^s-e f RYXmral EdwaeJ. O Egall, USN (Retired) (Deceased). The request was presented in letters dated March 2 and May 7, 1979, from Mrs. Speed's attorney, John E. O'Neill, Esq. Admiral O'Neill retired from the Navy in 1957 and parti- cipated in the Uniformed Services .Contingency Option Act

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most