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B-233404.2 1 (1990-01-26)

handle is hein.gao/gaobadnrc0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 UNITS Decision Matter of: Barbara Schlech--Social Security Offset from SBP File: B-233404.2 Date: January 26, 1990 DIGEST When a widow's Survivor Benefit Plan annuity is reduced because she receives social security benefits based on her husband's lifetime earnings, the reduction cannot exceed the amount she actually receives from Social Security. DECISION We are asked whether the social security offset against a Survivor Benefit Plan (SBP) annuity should be reduced when the offset exceeds the beneficiary's actual social security entitlement.l/ For the following reasons the offset must be reduced. Rear Admiral Walter F. Schlech retired from active duty on July 1, 1970. After SBP was enacted, he elected full spouse-only coverage for his wife, Barbara Schlech. Admiral Schlech died January 25, 1985; and Mrs. Schlech immediately began receiving an SBP annuity. Apparently, Mrs. Schlech also began receiving widow's social security. benefits in November 1985. When she reached age 62 in November 1987, her SBP annuity became subject to a social security offset required by the law. Admiral Schlech began receiving reduced social security benefits at age 62. As a result Mrs. Schlech, whose social security benefit is based entirely on her husband's earnings, receives reduced social security benefits. Additionally, the social security benefits payable to Mrs. Schlech are further reduced because of her election to l/ This request for an advance decision from the Disbursing Officer of the Navy Finance Center in Cleveland was forwarded to us by the Department of Defense Military Pay and Allowance Committee. The Committee assigned number DO-N-1486 to their submission. C.J Ili o q 7

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