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B-207764 1 (1983-02-08)

handle is hein.gao/gaobadkwp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . _X1 OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-207764 DATE: February 8, 1983 MATTER OF: Sydna Jean Elrod DIGEST: 1. The adult daughter of a deceased Navy officer received a Survivor Benefit Plan annuity under 10 U.S.C. 1447(5)(B)(iii) based on a determina- tion that she was incapable of self- support because of physical inca- pacity. She was quadraplegic as the result of childhood polio. Despite this disability, she later secured full-time Government employment in a grade GS-5 position. This does not warrant suspension of the annuity on the basis that she is no longer incapable of self-support, even though a grade GS-5 salary would normally be sufficient to cover the living expenses of a physically fit person, since that salary is not sufficient for her own personal needs. 2. In view of the current national policy concerning employment of the handi- capped, as reflected in law and executive proclamation, military survivor annuity plans should not be applied in a manner that would dis- courage handicapped beneficiaries from seeking employment, or would result in the permanent termination without notice of the annuity of one who is attempting to become self-sufficient through gainful employment. Procedures should be established to implement that policy. Further, if an annuity is suspended because the beneficiary is determined to be capable of self-support, but the original disabling condition causes a reoccurring loss of self-sufficiency, we will consider wI ehe he Ple Uity

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