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B-202625 1 (1981-12-31)

handle is hein.gao/gaobadjzj0001 and id is 1 raw text is: ?I DECISION FILE: /I 5-202625 DATE; December 31, 1981 MATTER OF: ajor Russell G, Watts, USA, Retired (Deceased) DIGEST: 1. An offset against the Survivor ienefit Plan annuity; computed solely oil the military service oE deceased spouse, is imposed when thpe annuitant reaches age 621 This offset may be reduced if the amnuitant would have social security survivor benefits reducod because of work even though no claim has been made for social security benefits, 2. Survivor Benefit Plan (SBP) annuity off- sets, under 10 UqS.C. 1451 because of social security entitlement are computed when the annuitant reaches age 62, This offset may be reduced if the anntitant's social security entitlement is reduced because of work, If the SBP offs.t is reduced or eliminated becpuse of work and the annuitant discontinues working and becomus entitled to social security bene- fits the SBP offset is reInstated com- puted at age 62. The Survivor Benefit Plan (SBP) annuity payable to survivors of military retirees is normally offset by social security benefits which could be paid to the annuitant based upon the retiree's military service. When the sur- vivor reachen 62 years of age and has nn depen6ent child the offset becomes effective even though the annuitant has not applied for social security benefits, An amendment to the pertinent provision of law (10 U.S.c. 1451) enacted in 1978 provides that offset will not be made t U the extent that the social security benefit has been reduced cn accoun of the annuitant's earnings for work performed. We are asked to determine whether this exception to offset against annuities may be predicated upon theoretical entitlements rather than an actual decrease in the annuitant's social security benefits on account of work performed. For the t THE COMPTROLLU OSNIE0RAL OF THE UNITBID BYATESI WASHINGTON, 0IC, g2l4f4 I' VCW1 = L

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