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B-185711 1 (1976-03-31)

handle is hein.gao/gaobaduub0001 and id is 1 raw text is: 0LLER 04. r 2~- 4qI IV-1288 4 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0. C. 2D546 FILE: R-l$57fl DATE: M MATTER OF: Mrs. DIGEST: It a eae where erroneous overpaylnt of an annuity under Survivor Btneft Pla are *Ade to saber's. widow and there is a slhswing of no fault by vidow and that ncovery vould rasult in a fiman ial hardahiv to bet, vaiver nder 10 T.S.C. 1453 may be granted since collection in the cirumat mes would be against equity and good coueeanee, This action is in r4esponse to a letter dated October 20, 1975 (file. refercence flflVlf-t (Retired) wt ( rctirosges, from the t Comnding officer, United States Army Financ and Accounting C*enar, recor IndinS wainr of rewvery of $1,055.79. representing annuity payments erroneously paid unmder the Survivor Benefit flen (SW?) to &Js, ,,dwidow of the late tLtr Sergeaut ,ho dioe n v Setxebev 3, 1974. According to the submission, the member elected to provide SV eoverage for h1±s wif. on August 1, 1973, An arnulty payable to the widow was established effective September 4, 1974,. in the amount of $171.48, loe. Social Secity reduetion of $51Y%3. Thus, the widow wa co idered entitled to annuity payments tetaling $466.25 for the period September 4, 1974, through flnasber 31, 1974. In addition to that payment, a check for 680,66 was erroneously issued to her for the same period creatitg an o vrpayment for that amount, The Smissicm also stats that while the Social Security reductione of $51.93 was used in the establbment of the Sit annuity rate, additionAl infoamatiot comening the %etbr's military earnisp was later received and the reduction rate van corroted to $96.11.' BecauMe of the hith r Social Scnrtty reduction which should have bean applie4 to aL SBP payments, an additiowa imdebtednees of $393.13 was determned to exist for the period Septeaber 4, 1914, thraugh N4sy 31, 1975. As a result, Ms. ' indebtedness was increaed to $1,073.7. It is also reprt.ed that a total of $18 has been collected from the widw's annuity against this in4eb.tedness leaving a balance of $1,055.79. SYVYt j-)~~~Z:~ cc- 'cc~-r,.r.. >7 ~UTtvz.2-%CJJ .~ jf~. -~ t.,P -sv-?v,4.tY. ::t; <~s~Q~# :~1~§c 4s.sv'& r.:g~...........:

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