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B-182704(2) 1 (1975-10-28)

handle is hein.gao/gaobadusw0001 and id is 1 raw text is: c t THE COMPTROLLER GENERAL O3ECISION OF THE UNITED BTATES WASHINGTON, 1C. 20548 929 FILE: 3-182704 (2) OATE: O 2 81975 MATTER OF: Waiver of erroneous Survivor 1enef it Plan antity paynAnte - 4ra, 9DIGEST: @verpsnt resultI from etr teous annuity payments under Survivor einefit Plan mad to membe*s widow way not be tonsidered for waiver tner 10 US.C, 2774. 144y 4ay only be oansid- ered for taivt under 10 UXS.C. 1453 and waiver uay be jrnted only 'wher there is not only a shovag of no fault by widw but also that recovaty would result in a financial hardship to the widow or for some other Ceasis that would be contrary to purpose of tbe fin ant therefore aginst equity aud good concioce. See 54 Comp. Gna. 249 (1914). This action is in reaDonse to a letter received July- 29, 1974 1 (file reference FUga-Afl, ) (Ratired)li (Dece-ased), with enalbsures, fra the hiaf, Field Seravico Office, U, S. Antmy Finance and Accouting Cetter, recomending waiver of rocovry of $839.37, represenir annuity payments erroneously paid under the Suirvivor Benef it Plam (SD.?, to H4ra, * widow of the lUte Staff Sergeant Acording to the submissiou, it appe rs that the 9=ber elected to provide SW' coverage for his wife on Ntovambar 29, 1972. The retiree diAd 6n September 1i, 1973, and his widow, annuity become effective September 17, 1973. In this conection, it is reported that the Ve.torans AMndiasrsti a advised the Retired Pay Division, Army ?tnance Center, on Harch 8, 1974f that Xrt. was receiviu Dependency and Lidea=ity C&mpensation (DIC) in the aount of $217 a mnth of fetiva September 15, 1973, but the notice appareutly was iot reived by the Center Ln tie to prevent the folloning SWP ovarpaynents: For the period September 17, 197,11 to December 31, 1973-$438.78.; &ad for the period January 1, 2974: to March 31, 1974.--$400.59, resIting in total SB? annuity ove- payents of $839.37. It Is reported in the subadasian that there is no indicatiou of fraud or zisrepresettAtion on the part of Mrs. or ay other parson having an. interest in obtaining a waiver of the claim and it is reeoAoened that recovery of the anoknt in :'~ ~ ~ ~~~~~~.S''~. . •-/....::;'.;?.,...'. :...::.:,.'.. •....: .,.,,':: 4ji

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