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B-214461 1 (1984-08-20)

handle is hein.gao/gaobadlvv0001 and id is 1 raw text is: 0 ~THE COMPTROLLER CIENKNAL OC ISION OP THU UNITED GTATE- WASHINGTON. 0. C. 2054U FILE: B-214461 DATE: August 2o, 1984 MATTER OF: Master Sergeant William B. Farmer, USAF DIGEST: When upon a service member's death the sur- viving spouse is eligible for both a-Survivor Benefit Plan (SBP) annuity and Veterans Administration Dependency and Indemnity Com- pensation (DIC), the amount of the SBP pay- ment is reduced by the amount of DIC and a corresponding refund of the member's SBP contributions is paid to the beneficiary. Despite the fact that under 38 U.S.C. S 3011 DIC payments are not effective until the first of the month following the month of the service member's death, the beneficiary will be deemed eligible for, and in receipt of, DIC payments for the purposes of SBP annuity computation and refund of SBP contributions pursuant to 10 U.S.C. S 1450(c) and (e). This case concerns the effect of a new provision of law, 38 U.S.C. S 3011, on the computation of Survivor Bene- fit Plan annuities and refund of participants' contributions to the Plan. The new provision delays payment of various Veterans Administration benefits from the date the benefici- ary would otherwise be entitled to receive payment to the first of the following month. One of these benefits, Dependency and Indemnity Compensation (DIC), payable to a deceased service member's spouse, must be subtracted from the amount due the beneficiary under the Survivor Benefit Plan (SBP) to arrive at the SBP annuity amount. We find that while 38 U.S.C. S 3011 postpones DIC payment until the month after the service member's death, this does not change DIC eligibility or the amount of DIC offset to be used in computing SBP annuity under 10 U.S.C. S 1450(c), (e). Thus, the beneficiary will be deemed eligible'for, and in receipt of, DIC payments for. SBP annuity and refund of SBP contributions purposes. 1/ 1/ Lieutenant Colonel William F. Flynn, Jr., USAF, Accounting and Finance Officer, United States Air Force Accounting and Finance Center, Denver, Colorado, sub- mitted this matter in request for an advance decision. The request was approved by the Department of Defense Military Pay and Allowance Committee and forwarded as submission number DD-AF-1433, February 17, 1984.

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