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B-199478 1 (1980-12-23)

handle is hein.gao/gaobadjbs0001 and id is 1 raw text is: ,~rie ~'* ft f . THE COMPTROLLER GENERAL D xcisi A). OF THE UNITED STATES WASHINGTON, 0. C. .Q546 7 If V,(,or/, Ae e 2e FILE: B-199478 7-o #-DATE: Deemer231/980 ). MATTER OF: Mary L. Lott DIGEST: A widow's Survivor Benefit Plan annuity payments were offset to the extent of the Social Security mother's benefit to which she would have been entitled based on the deceased service member's military Social Security coverage. However, she was actually receiving Social Security benefits based on her own work record and, therefore, received a reduced mother's benefit due to the benefits payable based on her own record. She is not entitled to reim- bursement of the Survivor Benefit Plan annuity withheld for the difference be- tween the mother's benefit to which she would have been entitled had the mother's benefit not been reduced in her case and the reduced mother's benefit which she actually received. This action is in response to a letter from fhe Disbursing Officer, United States Army Finance and Accounting Center, Indianapolis, Indiana, submitting a voucher and requesting an advance decision as to whether or not the Survivor Benefit Plan annuity of Mrs. Mary L. Lott should be offset by Social Security benefits in the circumstances described.D This request was assigned Control No. DO-A-1348 by the Department of Defense Military Pay and Allowances Committee, and was forwarded to this Office by the Office of the Comptroller of the Army on June 30, 1980. We hold that Mrs. Lott's Survivor Benefit Plan annuity was properly offset to reflect the full mother's benefit before that benefit was reduced on account of benefits payable based on her own work record. fMaster Sergeant Bobby W. Lott was placed on the temporary disability retired list-{on February 22, 1977, under the provisions of 10-t.S.C. § 1202, with 26 years, 9 months, 8 days for basic pay, 26 years, I m 0oT.

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