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B-222190 1 (1987-02-17)

handle is hein.gao/gaobadmpd0001 and id is 1 raw text is: The ComptroUer General AA of the United States (11 Washington, D.C. 20548 \U Decision Matter of: Elizabeth Collins File: B-222190 Date: February 17, 1987 DIGEST Over a 2-year period the widow of a deceased Army sergeant erroneously received recurring monthly payments of military retired pay, amounting to $24,403.60, which should have ceased at the time of her husband's death. After Army offi- cials learned of his death, they stopped the retired pay and calculatea the Survivor Benefit Plan annuity payable to the widow. The widow was entitled to a survivor's annuity in an amount equal to 55 percent of her husband's military retired pay. Although the annuity entitlement is retroactive to the date of the retired soldier's death, the widow may not be allowed additional payment for the period for which she received erroneous retired pay. Instead, the amount of her retroactive survivor's annuity entitlement should be applied toward the satisfaction of the debt owed by her as the result of her improper receipt of her husband's military retired pay, and the remainder of the debt should be either collected or waived in accordance with applicable law and regulation. DECISION This action is in response to a request for an advance deci- sion from the Army regarding the collection of erroneous payments of military retired pay received by Mrs. Elizabeth Collins after the death of her husband, Sergeant First Class Freddie Collins.1/ It is our view that the military retired pay erroneously paid to Mrs. Collins may be collected through setoff against the military Survivor Benefit Plan annuity payable to her following Sergeant Collins' death. 1/ The request was made by Mr. P. B. Wolfsheimer, Special Disbursing Agent, Retired Pay Operations, Army Finance and Accounting Center. The request was forwarded here by the Office of the Comptroller of the Army after it was approved by the Department of Defense Military Pay and Allowance Committee and assigned submission number DO-A-1459. c3e52~

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