Waiver of Erroneous Survivor Benefit Plan Annuity Payments

B-182704(1): Oct 28, 1975

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The agency recommended waiver of recovery of an overpayment resulting from erroneous annuity payments to the widow of Herbert D. Combee under the Survivor Benefit Plan. The overpayment could not be waived under 10 U.S.C. 2774, as recommended. The overpayment could only be considered for waiver under 10 U.S.C. 1453, and waiver could only be granted where there was not only a showing of no fault by the widow but also a showing that recovery would result in a financial hardship to the widow or was otherwise against equity and good conscience.