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B-192117 1 (1979-09-24)

handle is hein.gao/gaobadhqe0001 and id is 1 raw text is: Ii ,~ ~ 1lLER / I THE COMPTROLLER GENERAL DIECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FIZ-1 D S 4 FILE: B- 19 2117 DATE: September 24 ,79 MATTER OF: Mrs. Marjorie S. Nester DIGEST: The widow of a .Survivor Benefit Plan (SBP) participator, who had some post-1956 Social Security covered military service, became entitled to Social Security payments based on the deceased member's total Social Security covered earnings, including the covered military service. For the purpose of the reduction in her SBP annuity required by 10 U.S.C. 1451(a) for Social Security payments attributable to military earnings, it is not necessary that the member acquire a fully insured status based solely on Social Security covered military earnings. Since generally Social Security payments received are enhanced by military covered quarters, the SBP annuity is to be reduced by the amount of the Social Security payment based on the member's military service. The question to be decided here is whether the Social Security offset of a Survivor Benefit Plan (SBP) annuity is required by 10 U.S.C. 1451(a) based on the member's Social Security covered military earnings although the member did not acquire his Social Security insured status based on the military covered earnings alone. The answer is yes. The member in the case before us, Lieutenant Colonel Norman W. Nester, USAR, was retired effective August 1, 1965, under the provisions of 10 U.S.C. 1331-1337, having elected survivor coverage for spouse only under the Retired Serviceman's Family Protection Plan (RSFPP). On December 1, 1972, Colonel Nester elected into the then newly enacted Survivor Benefit Plan, 10 U.S.C. 1447-1455, to pro- vide maximum coverage for his spouse, and cancelled his RSFPP coverage. Colonel Nester died December 2, 1973, and an SBP annuity was established for his widow, Marjorie S. Nester, effective December 3, 1973. However, pursuant to 10 U.S.C. 1451(a), i7'oc oln 'J __AX_ -

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