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B-203451 1 (1981-07-14)

handle is hein.gao/gaobadivb0001 and id is 1 raw text is: 0 UNITE.--STrES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL In reply refer to: B-203451 July 14, 1981 Lieutenant Colonel John B. Harvey, USA 3167 Lindenwood Lane Fairfax, Virginia 22031 Dear Colonel Harvey: Reference is made to your letter dated May 17, 1981, with enclosures, in which you invite our attention to a recently issued Defense Department Memorandum concerning changes to be made in the method of computing the Social Security offset from Survivors Benefit Plan (SBP) annuities by the services and request we review the propriety of that memorandum. You say that the directive states that in order to establish the Social Security offset from SBP annuities, the computation will be based on age 62, rather than age 65. You point out that under the provisions of 10 U.S.C. 1451, the monthly SBP annuity payable is to be reduced by an amount equal to that portion of the Social Security benefit attributable to a member's military service and that the offset computation is to be calculated assuming that the person concerned lived to age 65. You feel that the memorandum is in direct conflict with the language contained in 10 U.S.C. 1451. You have computed the offset in your case based on age 62 and age 65 to show that the Social Security offset in your case would be $19.50 more for the age 62 calculation. An official decision is not being rendered on the question presented; however, the following comments may be of assistance to you. The Social Security offset applicable to SBP annuities is equal to that part of a survivor's Social Security benefit which is attributable to the deceased member's covered military service. As we understand it, the procedures authorized by the law for computing Social Security benefits do not count the years between 62 and 65 in reaching the total number of months to be divided into the individual's earnings to establish the average monthly wage. This is true even though

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