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

B-192223 1 (1978-12-19)

handle is hein.gao/gaobadgso0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL 0 OF THE UNITED STATES WASHINGTON, O. C. 20548 FILE: B-192223 DATE: December 19, 1978 MATTER OF: Mrs. Mary J. MacNaughton DIGEST: Recovery of overpayments of a Survivor Benefit Plan (SBP) annuity caused by a sub- sequent determination of eligibility by the Veterans Administration of the same bene- ficiary for Dependency and Indemnity Compen- sation (DIC) may be effected by withholding the amount of overpayment from the premium refund due upon recalculation of the SBP annuity. Setoff is specifically authorized by 10 U.S.C. § 1453 (1976), and consistent with established practice and previous Comptroller General decisions. X-1 This action is in response to a request from the Chief, Accounting and Finance Division, Air Force Accounting and Finance Center, for a decision as to the permissible methods for recoupment of overpayments of a Survivor Benefit Plan (SBP) annuity, 10 U.S.C. § 1447 et seq. (1976), made to a beneficiary who is declared eligi- ble to receive Dependency and Indemnity Compensation (DIC) from the Veterans Administration (VA) as provided in 38 U.S.C. § 411 (1976).' S The matter was assigned submission No. DO-AF-1295 by the Department ( of Defense Military Pay and Allowance Committee. 57d? Both the SBP and the DIC programs provide income to families of deceased service members. Under the SBP, however, the amount paid as a monthly annuity must be reduced by the amount the same beneficiary receives monthly from the VA in the form of DIC payments. .10 U.S.C. 1450(c). Because the SBP is in the nature of an insurance plan, the eligible beneficiary and the amount to be paid are easily and quickly determinable, and payments of the annuity commence shortly after the participant's death. DIC payments on the other hand, are usually subject to several months delay, while eligibility and the amount to be paid are being determined. During this period, the full amount of the SBP annuity is paid by the service to the beneficiary pending VA's determination of eligibility to receive DIC. If it is subsequently determined C .t UN ITE

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