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B-203950 1 (1982-03-19)

handle is hein.gao/gaobadkeh0001 and id is 1 raw text is: THM COMPTROLLER OQNSRAL OF THElUNITED BTrAT[-B WABHINCGTCNo D, 3, 0 540 B-203950 DATE: March 19, 1982 MATTER OF; DIGEST: Master Sergeant Donald A. Rea, USMC Retired (Deceased) I. A Survivor Benefit Plan (SBP) participant died leaving a widow and dependent child by a former marriage. Both widow and child became entitled to separate monthly Veterans Administration Disability and Indemnity Compensation (DIC), but since the child was living with the former spouse, widow's DIC was reduced below the rates set by 38 U.S.C. 411(a), because of 38 U.S.C. 3107(b), under which a portion of the DIC is paid to the child. The widow's DIC must be deducted from her monthly SBP annuity; however, in a case where a portion of the DIC is paid to the child, the annuity is to be reduced only by the actual DIC payment the widow receives. 2. Where a widow's Survivor Benefit Plan annuity is reduced pursuant to 10 U.S.C. 1450(c), by the award of Dependency and Indemnity Compensation (DIC), the compu- tation of the cost of the recalculated annuity for refund of cost of participa- tion, is to be predicated on the actual monthly DIC payment the widow receives in her own right under 38 U.S.C. 411(a), as reduced by apportionment to a child under 38 U.S.C. 3107(b). This action is in response to a request for decision from the Disbursing Officer, Marine Corps Finance Center, concern- ing the proper reduction to be made in the Survivor Benefit Plan annuity payable to Mrs. Joan Rea, as widow of the late Master Sergeant Donald A. Rea, USMC, Retired, on account of her entitlement to receive Dependency and Inderanity Compen- sation (DIC) from the Veterans Administration. We find that Mrs. Rea's annuity should be reduced only in the amount of the DIC payments she receives not including the portion of her DIC which is paid to Sergeant Rea's child. 0 I j' 4 FILE;

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