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B-246362 1 (1992-06-04)

handle is hein.gao/gaobadobq0001 and id is 1 raw text is: I !I , LsCComptroller General ~of the United States Decision Matter of: Ms. Charlotte E. (Hargrove) Ladwig--Request for waiver of recovery of erroneous annuity payments rile: B-246i:52 Date: June 4, 1992 ( DIGEST( A retired serviceman's daughter continued to receive annuity ptymentsdunder a Family Protection Plan after she was no longer eligible for them, j!er request for waiver of her obligation to repay the excess amount she received is denied because she knew or should have known that she continued to receive the payments after she ceased to be eligible. Granting a waiver in this case would therefore be inconsistent with the p-ovisions of 10 U.S.C. § 1442 governing such waivers. DECISION This is in response to a request by Ms. Charlotte E. (Hargrove) Ladwig for waiver of a debt to the government which arose when she continued to receive payments from a RetSred Serviceman's Family Protection Plan (RSFPP) annuity after she was no longer eligible to receive them, For the reasons presented below, her request for a waiver is denied. Ms.Lapwig is the daughter of Master Sergeant Ernest C. Hargrove, USAF (Retired)(Deceased), who elected to participate in the RSFPP to provide a survivor annuity for his children. When he died in March 1980, an annuity was established for Ms. Ladwig, who was then a high school student. The annuity provided her $68.36 per month, to continue until she reached age 23 if she remained a full- time student, She enrolled in college in May 1981, but left .n December 1981. In May 1982, she was married and, believing she was no longer eligible for the annuity payments, so notified the Air. Force, asking them tostop payments., however, the annuity payments continued until February 28, 1983. The Air Force wrote to Ms. Ladwig in May 1983 informing her that unless she could confirm that she was still a full-tim.: st Aent, she would need to return the annuity payments sent to /er for the 15-month period f'rom December 1981 through February 1983 (a total of

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