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B-184649 1 (1976-02-02)

handle is hein.gao/gaobadsjt0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL [DCISION * OF THE UNITED STATES :° W A S HIN GT O N, D3, 0., 20 548B FILE: B-184649 DATE: MATTER OF: DIGEST: Overpayment resulting from erroneous annuity payments under Survivor Benefit Plan made to mombet's widow should be waived under 10 U..C. 1453 sinee the widow was without fault and recovery would be contrary to purpose of the Plan .and therefore against equity and good conscience. See 54 Coup.. Can. 249 (1974). This action is in response to a letter dated July 30, 1975 (file reforente (Retired) (6ecased)), with enclosures, from the Comanding Officer, United States ArWi Finance and AccouAting Center, recomnendng waiver of recovery of $6,080.88, reptrentig annuity payments erroneously 1aduder the Survivor Benefit Plan (SB), to i , widow of the late who died Harczh 9, 1973, Aceording to the submission, the member elected to provide SBP coverage for his wife on December 1, 1972, based on full retired pay. An annuity payable to the widow was established on October 1, 1973. Checks for $1,190.62 and $I,024.26, covering payments of $321.79 a month f6r the period Mfarch 10, 1973, through June 30, 1973, and $341.42 a month for the period July 1, 1973, through September 30, 1973, were nailed to the widow. The widow also received from the Veterans Administraxion, Dependency and Indemnity Compensation (DlC) payments in the amunt of 299 a month, effective March I, 1973, and $350 a month effective May 1, 1974. Notification of the DIC paymrents, however, was not received by the Army Finance Center until October 11, 1974. According to the submission, the SBP annuity was not reduced by the amwunt of the monthly DIC payment until Novewber 1, 1974, As a result, was overpaid a total of $6,933.42, through October 31, 1974. This amount was reduced by an actual SBP entitlement of S737.12 and a cost refunA of $115.42, leaving a nat overpayment of $.6,080.88. U

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