About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-184250 1 (1975-11-26)

handle is hein.gao/gaobaduuw0001 and id is 1 raw text is: -THE COMPTROLLER GENERAL 985 DECISION OF THE UNITED STATES ' WA WSH IA N G TON, C 0C, 205 48 F IL E\ DATE: FILE B-184250 DATE: MATTER OF: DOverpayments resulting from erroneous DIGEST.* annuity payments under the Survivor Benefit Plan made to a member's widow should be waived under 10 U. S. C. 1453 (Supp. 1072) where the overpayments resulted from administrative error, the widow was without fault and recovery would. be contrary to the purpose of the Plan and 8galnst equity and good conscience. This action is in reponse to a letter dated January l, 1975 (file reference FINCM-T Retired) (Deceased), with enclosures, from the Commanding Gificer, United States Army Finance and Accounting Center, recommending -waiver of recovery of $435.61 representing an overpayment of annuity payments erroneously paid under the Survivor Benefit Plan (SBP). 10 U. S.C. 1447-145' Supp. I, 1972), in the case of Mrs. as surviving spouse of the late Specialist From the record, it appears that Specialist who retired on July 31, 1964, elected to participate in the SBP on Decem- ber 10, 1972. Upon his death on March 1, 1973, Mrs. became eligible to receive an annuity under the S3P. Since Mrs. was also eligible for Social Security benefits at that time, the SBP annuity to which she was entitled should have _ been reduced by the amount of the Social Security benefit earned by the member as a result of his military service after December 31, -1956. _ According to the submission, an S3P annuity of $116.40 was established effective March 2, 1973, with an estimated Social Security offset of $76. 64 monthly. E3ffective March 1, 1974, her Social Security offset increased to $82 and on June 1, 1974, to $85. 07. However, verification of the member's military earnings shows the reduction amount should have been $100. 16, effective March 2, 1973; $107.17, -on March 1, 1974, and $111.21, from June 1, 1974, through the current date of the submission. As a result, it has been established that the widow has been overpaid $435.61. By letter dated August 15, 1974, the Army Finance and Accounting Center notified Mrs. of the nature and cause of the Overpayment and advised her that the entire amount of $435.61 was due and payable within 30 days and that if she were unable to refund the full amount, her SBP annuity entitlement of $19.45 would be used to liquidate the indebtedness. - . -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most