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B-184530 1 (1975-11-26)

handle is hein.gao/gaobaduqy0001 and id is 1 raw text is: N THE COMPTROLLER GENERAL OF THE UNITED STATEB 988 0'-' 'F';: tll' WASH INGTON, 0. C. 2054S1 FILE: B-184530 DATE: NOV 2 6 1975 MATTER OF: r DIGEST: Overpayment resulting from erroneous annuity payment made under section 4 of Pub. L. 92-425 which provides for a minimum- income guarantee for certain widows of former retired members of the uniformed services may not be considered for waiver pursuant to 10 U.S.C. 1453 since that section by its terms is applicable cnly to sub- chapter II of chapter 73 of title 10, United States Code, and section 3 tf Pub, L. 92-425. See B-181954, May 21, 1975. This action is in response to a letter with enclosures, from the Comanding Officer, United '.tates Army Finance and Accounting Center (file reference FINCHF-T, (Retired) (Deceased)), recoimending waiver of recovery of $377.34, 10 0. representing annuity payments erroneously paid under section 4 of . }4 the act of September 21, 1972, Public Law 92- 86s- t70, I to Mrs. , widow of the late Staff Sergeant , who died March 20, 1973. According to the submission, Mrs. applied for a minimum income annuity under the provisions of section 4 of Public Law 92- 425, supra. Under this provision, the annuity to which a widow is entitled is an amount equal to the difference between her annual income as determined by the Veterans Administration (VA) and $1,400. In this respect, information submitted by the VA to the Army indicates that Mrs. was entitled to receive a section 4 annuity at the annual rate of $807, or $67.25 monthly, for the period March 21, 1973, through December 31, 1973, and annuity pay- ments were properly paid for such period. The submission further indicates that Mrs. expected income for VA purposes for the calendar year 1974 would be $1,072 and therefore the annuity payable, beginning January 1, 1974, should have been reduced to an annual rate of $328 or $27.33 monthly. However, due to a clerical error, the annuity was paid for January through March 1974 at the maximum rate allowable under dj b

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