About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-199374 1 (1980-09-02)

handle is hein.gao/gaobacurl0001 and id is 1 raw text is: 



                                                                  1LUTIO
                   UNITED STATES GENERAL ACCOUNTING OFFICE
                          WASHINGTON, D.C. 20548

                                                IN REPLY
                                                REFER TO:
OFFICE OF GENERAL COUNSEL


       B-199374                   September 2, 1980




       Mr. E. Marshall, Jr., Director
       Veterans and Retired Affairs
       Air Force Sergeants Association p)/
       Post Office Box 31050
       Washington, D.C.  20031

       Dear Mr. Marshall:

            Reference is made to your  letter dated June 20, 1980,
       in which you'stek information  concerning the effect that
       certain of the Frovisions of  the Social Security Amend-
       ments of 19772 might have on Survivior Benefit Plan (SBP)
       annuities payable to surviving  spouses.

            More specifically, you  refer to section 334 of those
       amendments.  You state that  that section requires that
       Social Security benefits  payable to surviving spouses are
       to be reduced by any governmental  retirement benefits
       payable to such surviving  spouses based on their own earn-
       ings in noncovered employment.

            You express the view  that such provision is unfair.
       However, you envision a greater  problem involving the
       possibile impact such provisions  might have on surviving
       spouse recipients of SBP  annuities who are employed
       governmentally at the  time they become entitled to govern-
       mental retirement benefits  in their own right.

            You point out that depending  on how these two laws
       are interpreted,  it appears that this category of sur-
       viving spouses could have  their SBP annuity reduced at
       age 62, based on the deceased  member's military service,
       only to have the Social  Security benefit, which you say
       is presumed to replace  the lost SBP annuity, reduced or
       completely eliminated  because of their own retirement
       annuity from the governmental  source.  You consider this
       to be double dipping  in reverse and you request our
       views on the matter.

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:

Already a HeinOnline Subscriber?

profiles profiles most