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B-182704(3) 1 (1975-10-28)

handle is hein.gao/gaobaduuh0001 and id is 1 raw text is: 


gECISION




FILE:    -182704(34;

MATTER OF: WaiVe


onIGEST:


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. D, C. 20548



       DATE: OCT 28 1975


931.


r o earroaeous annuity paents
  d- Mrs. Lois  Ishiord


Overpayment restdtias from ertonoS aIt4
payment stde under oction 4 of Pub. L. 92-425
whieh provides a minimum iaceme guarantee for
certain widons of former retired mzexibcars Of the
uniformed services may no-t be, considered for
waiver pursunt to i0 U.S.C. 1453 siace that
sectiaby its te.rms$is applicable only to sub-
hapter *I of chapter 73 of title 10, !Jnited
States Code,anA section 3 of Pub. L. 92-425.
See B-181954, May 21, 17q.


       This action is in response to a letter dated July 25, 1974
   (file reference NCX-TN-, Wshford, Bo, u. 519-40-9453 (ierired)
o(Daeeased)), with encstures, from the Cowanding Offleer, United
   States Aray Finance and Accountimn Center, rea o~moding waiver of     4' u5C  -.
   recoverY of $1,373.21 represenrting ainuity paaa 3teron'IY    jy /'WK
   -paid under section le!h  at oTSep-ember 21, 1972, Pubic
   Lav 92-25, 86 $tat. 706, 712, to 1rs. !his Washford, wido v of tihe
   -late Sergeant Virnt Class Rio H. Washfard who died January 1, 1972.


    According to the aubmission, it
applied for a winiwm in oae annuity
tion 4 of Pabli  14a 92-425, ,upa.
annuity to which a widow is entitled
differnce betwen her anlal income
Adminiatration and $1,400.


appeats that & . Washford
imder the provisions of see-
Under this provision, th~e
is aa amouet equal to the
as deterained by Che Veterans


     The submission further indicates that the inatde shown on
Hrs. Wasford's annuity claim form for 1972 exceeded the $1,400
ininlzum and therefore no anauity was paya2ale. Also, the VeteranS
AAoinistration reported income of $5400 for 1973, in addition to
her ketire4 Servieeman's ftily Protectioan  laz (aSP?) annuity
of $831, totaling 41,331, leaving a mtnium income annuity payable
of $69 at $5.75 =nthly. No annuity was payable for 1974 as
Mrs. Washford's incoms apart froz hEr IWP? annuity intrtased to
486$.










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