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

handle is hein.gao/gaobadusy0001 and id is 1 raw text is: 01.bL'R 0~-1 THE COMPTROLLER WENERAL OECISION OF THE UNITED STATES ~~~~W A SHbI IN GTON , 0 . C. 2 05 48 U'NITED FILE: B-182704 (1) DATE: OCT 2 8 1975 MATTER OF: Waiver of erroneous Survivor Benefit Plan annuity payments - Mrs. DIGEST: Overpayment resulting from erroneous annuity payments under Survivor Benefit Plan made to neuberts widow may not be considered for waiver under 10 .U.S.C. 2774. They may only be consid- ered for waiver under 10 U.S.C. 1453 and waiver may be granted only where there is not only a showing of no fault by widow but also that recovery would result in a financial hardship to the widow or for some other reason that would be contrary to purpose of the Plan and therefore against equity and good conscience. See 54 Comp. Gen 249 (1974). This action is in response to a letter dated July 23, 1974 (file reference FINCY-AD, _ -, ) (Retired) -(Ieeased), with enclosures, from the Chief, Field Services Office, - . 5. Army Finatce and Accounting Center, recommeadins waiver of recovery of $860.52, representing annuity payments erroneously paid (nder the Survivor Benefit Plan (91P), to , widow of the late Staff Sergeant A cording to the submission, the member elected to provide SBP coverage for his wife on October 9, 1972. The retiree died on Decem- ber 10, 1973, and his widow's annuity became effective December 11, 1973. In this connection, it is reported that the Veterans Admints- 7tration advised the Retired Pay Division, Army Finance Center on April 2, 1974, thAt Mrs. was receiving Dependency and Zl-demnity Compensation (DIC) in the amount of $217 effective Decem- ber 1, 1973, but the notice apparently was not received by the Cnter in time to prevent the following SBP overpaymente: For the period December 11 to 31, 1973 --$117.40, and for the period Janu- ary 1, 1974, to April 30, 1974,.-$743.12, resulting in total SUP annuity overpayments of $860.52. c cording to the submission, Mrs. was first advised of the overpayment on April 17, 1974, and she in turn has advised the Finance and Accounting Center of her poor financial situation and that she is a disabled widow living on social security and her DIC Pension from the Veterann Administration. * '.'.:.;- ' 4-'.: . 4 . ..::,' : .::; '..'.. t--J- .. , : '-: .- ;.-. .......

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