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B-184532 1 (1975-09-16)

handle is hein.gao/gaobaduqt0001 and id is 1 raw text is: 0THE COMPTROLLER GENERAL 415 DECISION • OF THE UNITED STATES :i':. / W A S8H IN G TO0N , 0 . C . 2 054 8 FILE 184532 DATE: SEP 1 G 1975 MATTER OF:Waiver of recovery of erroneous SUVIYQ. benef it Plan annuity payments - Mrs. DIG ESTi Recovery of uprecovered overpayments resulting from erroneous annuity payments under the Survivor benefit Plan made to a mmberl s widow Ahould be waived under 10 Us.C 1453 (Supp. 1972) since the ovexpaymnts resulted from administrative error and the vidow was without fault and recovery would be contrar *to, the purpose of the Plan and against equity and good conscience, 2. Refund to an ann uitant of an amount withheld from annuity payments representing recovery of an overpayment made under the Survivor Benef it Plan, properly recovered prior to recei-pt of a request for waiver by the. ervice toncerned from the annuitant, is not authorized ndIer 10 U.S.c. 1453; however, since it is appropriate to sus- pend collection action pending diiv;osition of waiver request, where waiver is au hotzed, amounts collected after receipt of -waiver request should be refunded.. This action is in response to letter dated-October 15, 11974, with enclosures (file reference fNUCY.AD,. (Retired) (Deceased)), from the United States'Ary Finance Support Agency, r*commndLugwaiver of recovery of $2,678.01, repre- enting an overpayment of annuity paymen under the Survivor Benefit Plan (SBP), 10 U.S.C. 1447-1455VSupp. 1 1972), in the case of Mrs. . as surviving spo ue of the late Master Sergeant From the record it appears that Sergeant retired on November 1, 1963, and later elected to participate in ti- . U On SIrgeant . death on FebruAry 3, 1973,.Mrs. became eligible to receive a Ian ity under the $BP. Since Mrs. was also eligible for social Security benefita at that tiuts' the SBP annuity which she was entitled to receive should have been reduced by the amount of the Social Security benefit which was earned-by the mber as a result of his military service after December 31, 1956, Il

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