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

B-209306 1 (1983-03-24)

handle is hein.gao/gaobadkyt0001 and id is 1 raw text is: DECISION FILE: B-209306 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548 DATE: March 24, 1983 MATTER OF: Petty Officer Harvey B. Lease, USN, Retired DIGEST: 1. Retired member of Navy waived entitle- iment to retired pay in order to receive Veterans Administration (VA) compensa- tion as required by 38 U.S.C. S 3105. He received notice from Navy stating that his retired pay would be reduced and the amount of the reduction but a form he later received informing him of changes to his retirement account did not reflect the amount that would be withheld because he was receiving VA compensation. He continued to receive his full retired pay due to an adminis- trative error. Since he should have been aware that he was being overpaid, especially considering that the overpay- ments were substantial, and should have pursued inquiries, he is at fault under 10 U.S.C. S 2774 and his indebted- ness may not be waived. Financial hard- ship resulting from collection is not in itself a basis to authorize waiver. 2. Where a member is indebted to the Gov- ernment for an overpayment and is sur- vived by his wife, the member's wife is not responsible for the unpaid portion and may not have monies deducted from her Survivor Benefit Plan. Petty Officer Harvey B. Lease, USN, Retired, requests reconsideration of our Claims Group's denial of his request for waiver of his debt to the United States in the amount of $18,361. The debt arose from erroneous payments of retired pay made to him after he waived his entitlement to that pay in order to receive compensation from the Veterans Administration, as is required by 38 U.S.C. S 3105 (1976). Since we find that he was not without fault in the matter, the denial of waiver is sustained. 5?9

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