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B-178884 1 (1976-11-03)

handle is hein.gao/gaobadsad0001 and id is 1 raw text is: N. a% UNITED STATES GENERAL ACCOUNTING OFFICE o WASHINGTON, D.C. 20548 or OFFICE OF GFNERAL COUNEL D 178884 V 197 D~ear colonel Reference is made to your letter of September 30, 1976, in which you seek information concerning your wife's entitlement to receive an annuity under the Survivor Benefit Plan, 10 U.S.C. 1447- 1455, as added by Public Law 92-425, September 21, 1972, 86 St.t. 706, if yju should predecease her. You say that prior to your retirement from the Army you had nine quarters of military Social Security covered earnings for the period January 1, 1957, to September 1, 1963, and that you were not eligible for any Social Security benefits based solely on your military earn- ings since your year of birth was 1903. Wile it is not entirely clear from your letter, it appears that you electe4 to participate in the Survivor Benefit Plan and have been advised that upon your death your widow's annuity will be subject to a reduction, even though the number of Social Security covered quarters you earned were fewer than the minimm required. You requested clarification of this matter. An official decision is not authorized at your request on the question presented. See 31 U.S.C. 74 and 82d. hovever, the following references to certain provisions of the Survivor Beuefit Plan and its legislative history ay be of assistance to you. The provisions relating to the detnrmination of the aoount of the annuity payable under the Survivor Uenefit Plan are found in 10 U.S.C. 1451. Subsection (a) of that section providesL f(a) If the widowa or widower is under age 62 or there is a dependent chUld, the monthly ainnuity payable to the widow, widoer, or dependent child, under section 1450 of this title shall be equal to 55 !crceet of the base anount. Lowever, when the widow has one dependant child, the month- ly annuity shall be reduced by an amount equal to the mother's benefit, if any, to %.hich the widow would be &Jb

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