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B-182704 1 (1976-07-02)

handle is hein.gao/gaobaddbw0001 and id is 1 raw text is: 6EcasICIN FILE: B-182704 AlL. THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: JUL 2 1976 MATTER OF: Mrs. Kathryn H. Vandegrift q 93rC DIGEST: 1. Overpayments resulting from erroneous annuity payments under Survivor Bene- fit Plan (SBP) made to member's widow may not be considered for waiver under 10 U.S.C. 2774, which relates to pay and allowances but are for con- sideration under 10 U.S.C. 1453, which is applicable specifically to SBP payments. 2. Criteria for waiver of erroneous pay- ments under the Survivor Benefit Plan pursuant to 10 U.S.C. 1453 should be similar to the criteria for waiver under 5 U.S.C. 5584; 10 U.S.C. 2774 and 32 U.S.C. 716, and therefore although waiver may not be granted unless collection would be contrary to the purpose of the plan and against equity and good conscience proof of financial hardship will not be required if waiver is otherwise in order. This action is in response to a letter dated January 24, 1975 (file reference FDD-wdd 7202/3) with enclosures, .rom the Fiscal Director of the U.S. Marine Corps, recormmandinf,- wAiver of recovery of $2,111, representing annuity paymeants erroaneoSly paid under the Survivor Benefit Plan (SBP), to'K.rs. Kar n i. Vandegrift, widow of the late General Alexander A. Vandegrift who died May 8, 1973. According to the submission the member elected to provide SBP coverage-for his wife on the full aimount of his retired pay. On April 30, 1974, Mrs. Vandegrift was entitled to an SBP annuity in the monthly amount of $847.45. She was also entitled to a Dependency and Indemnity Compensation (DIC) payment of $503 per month from the Veterans Administration, which amount was required to be offset against her annuity entitlement. Effective May.1, 1974, her DIC payment was increased to $589. On July 1, 1974, PUBLISHED DECISIO) .5 .Comp. Gen, ....,, V

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