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B-225873 1 (1987-09-25)

handle is hein.gao/gaobadmwd0001 and id is 1 raw text is: 
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     The Comptroller General
)    of the United States
     Washington, D.C. 20548

     Decision



     Matterof: Recoupment of Allotments Erroneously Paid After
              Death of a Member of the Military
      File:   B-225873

      Date:   September 25, 1987



      DIGEST

      1. An allotment erroneously paid from the pay and allow-
      ances of a member of the uniformed services after the death
      of the member may not be recouped from the recipient thereof
      or charged against the pay of the deceased member, except an
      allotment for unearned insurance premiums.

      2. Life insurance premiums paid by allotment after the
      death of a member are to be recouped since an insurance
      company has no right to premiums after the member's death.

      3. The anti-recoupment provisions of 31 U.S.C. S 3727(e)(2)
      and 37 U.S.C. S 556(f) apply to any person, including
      assignees, transferees or allottees, receiving money paid
      under an assignment or allotment of pay or allowances
      authorized by law, except unearned insurance premiums. This
      includes an allottee who may also be the beneficiary of the
      arrears of pay.

      BACKGROUND

      The Deputy Assistant Secretary (Accounting and Audit) of the
      Air Force has asked several questions concerning recoupment
      of allotments which were overpaid by reason of death of the
      allotter.1/



      1/  The case was approved for submission by the Department
      of Defense Military Pay and Allowance Committee and
      assigned number SS-AF-1455.

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