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B-184533 1 (1976-03-26)

handle is hein.gao/gaobaduvj0001 and id is 1 raw text is: ~THE COMPTROLLER GENERAL DECISION I. OF THE UNITED STATES J_0817 FILE: B-953DATE: MAR 2 61T MATTER OF: C31GEST: ov . rmet-esuiting fromw erroneous annuitY PaYment made under sec tion 4 of Public Law 92-4T5 'whigh provides fer a minilur intoze. guarantee for trtaia vidows of formr retired memb~ers of the andformaid services may, not be comsidered fo' waiver p'usuant to 1.0 U.S.C. 1453 since that seetiou by Its torml Is Appli- cable only toiiuhchaptot 1l of chapter 73 of title 10# Uni~ted Stoteas Code aud asec- tion I of rublit Law 9Z-425. See B-3.S1954, May 21, 1975, This action is in response t a Uetter with eudlesures, frow the Covmandinz Officer, UniLC4 statas Ariay 1naafCe sapport Agency (amw Unilte4 States Army Piwmee and Acoantiag Center) file refer- out* PUIN-T . (Retired) (1eewwaed)) , rocomindiig vaiver of reeovery of 41,516 1, ?en~ting anniiy pskywst erroneously paid under -sntio '*ietf $e~~2j~~ 1972, Public Law 92-425. 86 ftat. 706, 7 2, to mrs. 7. widovof the-lati ., ho die,-September 26, 1.964. According to. the sub*ason, 1-11. aplied for a miniaw= inooua annuity u~nder the provisions of section 4)(of Publie Law 92- 425, Iupra. . tder this provisicm, tht annuity to which a surviving spouse is entitlod is an'sluount equal to the difference between her anmual in~ome as deter3ined-by the Veterans Administration (VA) and $1 I400. Zz this respeec. information submitted by the VA to th* Army itdicates that IftA. was entitled to rtaeivo a section 4 anuidty at the annual rate-of $244, or 20X33 monthly fox the period September 21, 1972, through Deco*er 31, 1972, an4 annuity payments were properly paid for siuth period. Thet submission further iudicates that K~ra. expected income for VA purposts for the calendar year 1.973 would be $1,412,, ad therefore the va3 not entitled to annuity payments during that ysar. No payniant. Vera xiade for the period January throug h arch 1973. Howavtr, du6 to a clerical etror, ain annulty was paid for the period April 1, 1973, throu~gh April 3-0, 1974, at the maximaum

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