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B-230378.5 1 (1992-08-06)

handle is hein.gao/gaobadocx0001 and id is 1 raw text is: LComptroller Ceneral of the United States Wahingtong D, 20548 Decision Matter of: Jean K. Derr File: B-230378 3 Date: August 6, 1992 DIGEST Where a widow elected to begin drawing reduced social security benefits at age 60, the reduction in her Survivor Benefit Plan (SBP) annuity required by statute at age 62 to offset her social security benefits was properly computed based on the social security benefits she would have been entitled to at age 62, rather than on the benefit level set. at age 60. Because the widow would be entitled to receive 82.9 percent of her full entitlement had she elected to begin receiving social secdrity benefits atj' ;lge 62, the proper offset therefore reduced SBP payments°'to her by an amount equal to 82.9 percent of the portion of her social security entitlement attributable to her deceased husband's military earnings, rather than by an amount equal to 71.5 percent of that entitlement. Prior inconsistent decisions are overruled, DECISZON Mrs. Jean K. Derr requests reconsideration of our Claims Group's denial of her claim for amounts deducted from her Survivor Benefit Plan (SBP) annuity 'because she receives social security benefits. She contends that the reduction in her SBP annuity to offset social security benefits she receives should not exceed the portion of her actual social security benefits attributable to her deceased husband's military earnings. For the reasons stated below her claim is denied. Mrs. Derr is the surviving spouse of Chief Warrant Officer Charles R. Derr, who retired from the Air Force on March 1, 1973, and then worked 10 years in the private sector. In March 1983, Mr. Derr reached age 65 and filed for social security benefits; however, he continued to work until his death in June of the sarnie year and did not receive any benefits. Mrs. Derr was age 60 at the time of Mr. Derr's death and elected to receive widow's social security benefits. Because she began her benefits at age 60, she received

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