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B-233390 1 (1989-07-06)

handle is hein.gao/gaobadnms0001 and id is 1 raw text is: The Comptroller General of the United States Waahhagen, D.C. 20548 Decision Betty L. Palaio Carr - Waiver of Overpayments - Military Retired Pay Matter of: B-233390 File: Date: July 6, 1989 DIGEST The widow of a deceased retired Air Force officer is entitled to waiver of indebtedness for erroneous payments of retired pay she received from the Air Force after his death when the payments should have been terminated. Waiver is granted under 10 U.S.C. S 2774, since she was without fault in failing to notify the Air Force paying organization of the death. DECISION In this decision, we waive the debt of Betty L. Palaio Carr resulting from her receipt of erroneous payments of retired pay from the Air Force after the death of her husband, Lieutenant Francis G. Palaio, a retired Air Force officer. BACKGROUND Lieutenant Palaio was retired for disability from the Air Force on May 11, 1977. He married Betty L. Palaio Carr on May 15, 1979, but did not inform the Air Force Accounting and Finance Center of the marriage and did not elect a Survivor Benefit annuity for his wife which would be payable if he predeceased her. Lieutenant Palaio died on September 14, 1983. The Air Force states that between the time of death and May 1985 it did not receive notice of the death.4/ Consequently, during this period it continued sending a portion of Lieutenant Palaio's monthly retired pay for deposit in a joint bank account and the balance by allotment to a credit union. If the Air Force had received notice of the death, it would have discontinued the 1/ A petition to us prepared by Betty L. Palaio Carr's attorney and verified by her acknowledges that the Air Force first received her notice of the death in May 1985.

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