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B-266280 1 (1996-03-08)

handle is hein.gao/gaocrptadvb0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-266280 March 8, 1996 The Honorable Paul D. Coverdell United States Senator 100 Colony Square, Suite 300 1175 Peachtree Street, NE Atlanta, Georgia 30361 Dear Senator Coverdell: This is in response to your letter of September 13, 1995, on behalf of Mrs. Mary Gralley, who is seeking a reduction in the amount of the social security offset (SSO) being applied to her Survivor Benefit Plan (SBP) annuity, based on the calculations of the Defense Finance and Accounting Service (DFAS). Mrs. Gralley's husband, Technical Sergeant Phillip W. Gralley, retired from the Air Force in 1962. Subsequently, he elected an SBP annuity for his wife payable following his death; he died on May 8, 1994. Congress established the SBP (10 U.S.C. §§ 1447-1455) in 1972 to complement the social security benefits of surviving military dependents. It was intended to provide a bridge for survivors by providing them income for the period between the death of the member and date of the widow's or widower's eligibility for social security benefits. Once the surviving spouse is eligible for social security benefits, the SBP annuity is offset, in recognition of the fact that social security benefits are available. See 10 U.S.C. § 1451. Mrs. Gralley accepts the appropriateness of the offset, but questions the rules governing the manner in which it is applied and calculated. There are two methods provided for in the SBP statute by which social security benefits are considered in determining the amount an SBP annuity should be reduced. In the case of members who did not become eligible for retirement until after October 1, 1985, a surviving spouse receives 55 percent of the base amount of the member's retired pay until he or she reaches age 62. After age 62, the annuitant receives 35 percent of the base amount of the member's retired pay. 71936

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