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B-197603 1 (1980-08-21)

handle is hein.gao/gaobadims0001 and id is 1 raw text is: -1 Q MATTER OF: OlGEST: 7c~~THE COMPTROLLER G3ENERAL OF THE UNIT ED STATES WA S H INGT N, ED C 2 05S48 _OIL jot-_ 7603 DATE: August 21, 1980 Flight Officer Anthony Santomango, USAF, Retired 1. A retired Air Force flight officer waived receipt of retired pay in 1950 in order to receive VA compensation, which was at that time greater than his retired pay. Through administrative error his retired pay account was never adjusted when statutory increases in retired-pay caused it to be greater than VA compen- sation. On question as to whether waiver is a forfeiture of the right to further retired pay, 38 U.S.C. 26c (1946 ed.) authorized a person to waive a portion of retired pay equal to the VA payment. That statute applied to this member. Thus, regardless of the language of the waiver, conditional waiver is not authorized and member may not be denied portion of retired pay which exceeds VA entitlement. 28 Comp. Gen. 484 (1949). 2. Payment of retired pay entitlements retroactively is subject to the 6-year statutory period from the date a claim for such pay bearing the claimant's, or his authorized agent's or attorney's signature, is received in the General Accounting Office. 31 U.S.C. 71a. A voucher submitted to the General Accounting Office by an Air Force Finance Officer without the appropriate signature of the claimant or his know- ledge is not a claim for the purposes of 31 U.S.C. 71a. Payment may be made only for the period of 6 years before the date of payment. 3. After the election periods for the Uniformed Services Contingency Option Act coverage and the Survivor Benefit Plan have expired for those members retired before enactment of DECIS C FI LE: I

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