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B-184860 1 (1976-08-27)

handle is hein.gao/gaobaddvf0001 and id is 1 raw text is: OLLER 00. THE COMPTROLLER GENERAL DECISION 0 OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B18860 DATE: AUG 2 7 1976 MATTER OF: Department of Defense Military Pay and Allowance Committee Action No. 519 - Survivor Benefit Plan DIGEST: 1. When member provided Survivor Benefit Plan coverage for widow or widower and dependent children and widow or widower becomes ineligible for annuity, the dependent children are entitled to the full annuity as provided by the member even though the annuity of the widow or widower had been reduced by the amount of Dependency and Indemnity Compensation received. 2. Widow or widower of member who elected coverage under Survivor Benefit Plan is entitled to refund of deductions made from retired pay if the annuity is reduced based upon receipt of Dependency and Indemnity Compensation. Such refund, however, should be computed on-the basis of reductions in retired pay caused by coverage of spouse and no refund may be made based upon the reductions in retired pay caused by member's election of cover- age for dependent children. This action is in response to a letter from the Assistant Secretary of Defense '(Comptroller) requesting a decision concerning the amount of an annuity payable under the Survivor Benefit Plan (SBP) 10 U.S.C. 1447-1455, to dependent children in the circumstances described in Department of Defense Military Pay and Allowance ,Committee Action No. 519, enclosed with the submission. The question presented is: If an eligible spouse with dependent children is receiving a Survivor Benefit Plan (SBP) annuity which is reduced because of Dependency and Indem- nity Compensation (DIC) entitlement and such spouse becomes ineligible to receive such annuity PUBLISHED DEC15101 . 55 Comp. Gn ..*

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