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B-196569 1 (1980-07-08)

handle is hein.gao/gaobadiju0001 and id is 1 raw text is: THE COMPTROLLER GENEA DECISION . ~giyOF THE UNITED STATES W~*~ WA SH IN GTO0-N, 0C 2 0 54 el 0 ot- FILE: B-196569 MATTER C DIGEST: F: DATE: July 8, 1980 Survivor Benefit Plan - Social Security offset 1. Service members, upon whose death - Survivor Benefit Plan (SBP) annuities became payable to surviving spouses, in some cases are fully insured for Social Security coverage based on life- time employment, but do not achieve that status based solely on military service. For the purpose of the reduc- tion in the SBP annuity required by 10 U.S.C. 1451(a), it is unnecessary that the member acquired a fully insured Social Security status based solely on military service. The setoff is to be based on that portion of the total Social Security payment attributable to the. deceased member's military service. See 58 Comp. Gen. 795 (1979). 2. Service members upon whose death Survivor Benefit Plan annuities became payable to surviving spouses, receive free wage credits under 42 U.S.C. 429 for military service after 1956 for the purpose of computing total Social Security payments. Therefore, for the purpose of computing the setoff required by 10 U.S.C. 1451(a), since generally those credits tend to increase Social Security payments, they must be included in the computation. This action is in response to a request for advance decision from the Department of Defense Joint RSEFPP/SBPB Board (Item No. 79-1) on questions relating to the Social Security offset requirement of the Survivor Benefit Plan (SBP). The first question is: Is a Social Security offset required when the SBP annuitant is a widow(er) aged 62 if 0S

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