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B-182704(4) 1 (1975-10-28)

handle is hein.gao/gaobadusg0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES 93! H I N G T 0 N C3 C 2 0 5 4 13 FILE: E-18270(4) DATE:OCT 2 8 1975 MATTER OF: W4iver of erroneous anuity payments received - Mrs. DIGEST: Overpayment resultig from erroneous annuity payment made under section 4 of Pub. L. 92-425 which provides 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 only to sub- chapter 11 of chapter 73 of title 10, United States Code, and section 3 of Pub. L, 92-425. See B-181954, May 21f. 1975. This action is in response to a letter dated September 19, 1974 (file reference INCH-T -(Retired) (teoeiwed)), with enclosures, from. the Comanding Officer, United States Army Finanee and Accountln8z Center, recommnding waiver of p ui 9 C- recovery of $227 37, representij annuty payzents eroeosy =nder section 4of the act of Septembr21 , 1972, Public Law 92-425, -86 stat. 706, 712, to 1drs. -. , widow of the late who died June 27, 1966. According to the submission, Mrs. applied for a minim= income annuity on February 2, 1973, 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 incmm, as determined by the Vetesras AdminiStration and $1,400. In this respect the Veterans Adinistration reported other countable income as $1,152 for 1972 and $1,448 for 1973 and continuing. It is indicated, therefore, that Mrs. was entitled to an annual m inimum income anuity of $248 for 1972, or $20.67 * month for the period September 21 through December. 31, 1972, and since her annual income exceeded $1,400 beginning January 1, 1973, she was not entitled to any section 4 annuity subsequant to that date. The submission further states that Mrs. actual entitlement for 1972 ($68.90), was paid to her in June 1973, but due to a clerical error in the submission of data to the computer sastem, the annuity Vas also paid in the amount of $20.67 a mouth for the.-priod Jvuo 1, 1973, through April 30, 1974. The total djb

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