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B-190617 1 (1978-02-16)

handle is hein.gao/gaobadfsd0001 and id is 1 raw text is: THE CCMupTcr.LuR OENERAL DECIION . .CN. 0f9 T M UNITEn STATES WA1HiNGTnN. D.C. R0540 FILE: B-190617 DATE: February 16, 1978 MATTER OF., E O: Technical Sergeant 'John T. Baker, USAF (Retired) (Deceased) DIGEST: When the surviving spouse of a survivor benefit plan (SBP) partici- pant is also entitled to Dependency and Indemnity Compensation (DIC) from thM Veterans Administration, the SBP annuity must be reduced (or eliminated) by the amount of DIC entitlement under 10 U.S.C. 1450(c), even though the DIC payment is predicated on the survivor's marriage to another meaber w-o died of service relted causes. ':the reduction is require4 whether or not 'the spouse upon -hose service the QIC'payment is predicated could have phrtlicipated in. SBP. This action is in response to a letteridated Septem- bar 26, 1977, with enclosures, from Mr. Ernest E. Heuer, Deputy'Accounting and Finance Officer, Headquarters Air, Force Accounting and Finance Center, requesting cn advance decision as to the propriety of making payment on a vou'cher in favor of Mrs. Marie T. Baker, in the amount of $227.89, representing an annuity payment under the Survi!or Benefit Plan (SBP), 10 U.S.C. 1447-455, for September £977, as the surviving spouse of the lateTechnical Sergeant John C. Baker, USAF, in the circumstances described in that letter. That request was forwarded here by letter dated November 1, 1977, from tkie.Acting Assistant Director, Accounting and Finance, Depa.:Lent of the tir Force, and has been assigned Air Force Submissicn No. DO-AP-1278, by the Departmint of Defense Military Pay and Allowance Committee. A Te question raised involves the requirement of 10 U.S.C. 1450(c) iha~t an SBP anniiuity othervice payable be reduced by the amount of Dependency and in.emnity Compen- sation (DIC) to which the surviving spouse is entitled under 38 U.S.C. 411(a). Specifically, whether the annuity of the surviving spouse of & retired member who was covered by SBP must be reduced by the amount of DIC to which ouch spouse is entitled as the result of a prior marriage,

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