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B-185545 1 (1976-03-18)

handle is hein.gao/gaobadusa0001 and id is 1 raw text is: *0tLER Q 'tI)VZL 7 THE COMPTROLLER GENERAL DECISION *.OF THE UNITED STATES 81 !. WAS HIlN GT O N, D0, C, 2 0 5413 : tITV FILE: 18545 DATE: ?v , I MATTER OF: Mrs. DIGEST: Overpaymnts resulting frox erroneous &anuity paymenuts under Survivor Benefit Pla ade to .ember's vidov because of failure to consider Veterars Adinistra- tion payints should be waived under 10 U.S.C. 1433 since the Widow was with- out fault a n recovery would be contrary to purpose of the Plan and, therefore, against equity and good conscience. See 54 Coop. ,ea. 249 (1974)4 This aetion U i response to a letter dated December 19, 1974 (file ref rene nXCM-T (Retired) (Doceasmd)), Vith enclosures, fro% the Acting Comwmder, United States Ar Finanae and Accounting Center, recaomeding waiver of recovery of $792.23, representing annuity payments erro- nously paid under the Survivor Benefit Plan. (sWP). to Mrs. widow of the late Sergemt 74ajor who died January 23, 1974. Frox the record, it appears that SrSeanut , who retired on July 15, 1966, elsoted to participate In the 59P on SNovember 4. 1972, Upon his death an- anrty of $251.14 was estab- lished effective January 24, 1974, in favor of his widow. Aceordin to the submission, notification woo receivod from the Veterans Administration (VA) on May 29, 1974, that - Mrs. was in receipt of Dependency and Indemnity Con- peneation (DIC) i the amount of $251 a month, offeeitve January 1., 1974* Thereafter the SBP annuity was reduced by the Uanont of DIC effeetive June 1, 1974. lowever, Mrs. had been over- paid $1,062.56 through May 31, 1974, A partial cost refund of $2170.33, applied to the overpayment, reduced the overpayment to $792.23. Tht Survivor Benefit Plan (Public Law 92-425'&p.ovtd A September 21, 1972) provides for reduction of the annuity by the amout of DIC awarded by the VA. A partial UIP cost refund is

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