Survivor Benefit Plan--Waiver of Erroneous Annuity Payments

The Assistant Secretary of Defense (Comptroller) requested a decision as to the propriety of waiving recovery of overpayments of annuities under the Survivor Benefit Plan (SBP) from survivors of members, or former members, affected by the retroactive pay increase paid in compliance with the ruling in the case of National Treasury Employees Union v. Nixon, 492 F. 2d 587 (1974). A request was also made that if it would be proper to so waive, that all such cases of erroneous overpayments be treated as a class so as to avoid the need for separate requests from each military department.