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B-221466 1 (1986-07-03)

handle is hein.gao/gaobadmjd0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL OECISION OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-221466 DATE: JuZy 3, 1986 MATTER OF: Maureen S. Fearn DIGEST: The widow of a deceased Coast Guard member erroneously received retired pay amounting to $43,281.68 which should have ceased upon the member's death. When the erroneous payments were discovered it appeared the widow was not entitled to a survivor annuity and waiver of the erroneous payment was granted. The service then determined that although the member had elected not to participate in the Survivor Benefit Plan, the service had failed to inform the spouse of that fact and this entitled the widow to receive a full annuity under the Plan. Although the annuity entitlement is retroactive to the date of the member's death, the widow is not entitled. to additional payment for the period for which she received the erroneous retired pay which was waived. Since the waiver action was based on incomplete facts, it is modi- fied to apply only to the excess she received over the amount due for the annuity for that period, and the balance is considered as satisfying her annuity entitlement. This action is in response to a request for an advance decision from the United States Coast Guard regarding whether payment of the full amount of a Survivor Benefit Plan annuity should be made to Maureen S. Fearn, for the same period she received her husband's retired pay which, due to administrative error, continued to be paid into her

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