Waiver of Erroneous Annuity Payments Received

B-182704(3): Oct 28, 1975

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Thomas H. Armstrong
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The agency recommended waiver of the recovery of an overpayment resulting from erroneous annuity payments to the widow of Sgt. Ben H. Washford under P.L. 92-425 which provides a minimum income guarantee for certain widows of former retired military members. The overpayment may not be considered for waiver pursuant to 10 U.S.C. 1453, as recommended, since that section was not applicable to P.L. 92-425. However, the collection activity may be terminated in accordance with the provisions of the Federal Claims Collection Act of 1966 upon determination of the debtor's inability to pay by the appropriate authority.

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