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B-203380 1 (1982-03-02)

handle is hein.gao/gaobadkcs0001 and id is 1 raw text is: I / 7 DECIION FILE.:. B-203380 GS DATE: March 2, 1982 MATTER OF: Mary J. Hogsed DIGEST; When upon a service member's death the surviving spouse is eligible for both a Survivor Benefit Plan (sp) annuity and Veterans Administration Dependency and Indemnity Compensation (DIC), the amQunt of the SBP payment is reduced by the amount of the DIC and a corres- ponding refund of the member's SBP con- tributions is due the spouse, If DiC entitlement is subsequently lost due to remarriage of the spouse, SOP may be reinstated provided the refund is returned, However, no refund is payable once the benefit of the plan has been derived, Accordingly, when a refund is repaid and SBP payments are thereafter made, no additional refund iL authorized should the spouse again become eligible 'for DIC. Thiss action is in response to a letter Of May 18, 1981, from the Special Disbursing Agent, United States Army Finance and Accounting Center, requesting an advance decision whether Survivor Benefit Plan contribu- tions previously made by a deceased member of the uni- formed services may be refunded to his surviving spouse under the circumstances described in the letter-As is explained below, since in this case the widow dtd receive, for a time, Survivor Benefit Plans annuity payments, she may not receive the refund of the member's contributions to the Plan. The request has been assigned submission number DO-A-1363 by the Department of Defense Military Pay and Allowance Committee. The facts are as follows. Specialist Five Harold $I. Hogsed retired on November 1, 1965, after more than 22 years of active service in the Army. In 1972 ie elected to provide an annuity for his spouse, Mrs. Mary J. Hogsed, under the Survivor Benefit Plan (SBP), 10 U.S. Code § 1447- 1455. Accordingly, Mr. Hogeed's retired pay was reduced by the appropriate amount to cover his cost of participation in the Plan. Mr. Hlugsed died oi August 5, 1977. The total ........................................--..... -t -. - tL7 THIS CCMP7R g GENEIRAL OF THE UNITED STATES WASHINGTON, 0,0, 2O046O

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