Waiver of Erroneous Annuity Payments Received

The agency recommended waiver under 10 U.S.C. 1453 of the recovery of an erroneous annuity payment made to the widow of Sergeant First Class Alfred T. Keeler. The overpayment, which resulted from an erroneous payment made under section 4 of P.L. 92-425 which provides a minimum income guarantee for certain widows of former retired military members, could not be considered for waiver pursuant to 10 U.S.C. 1453 since that section by its terms was not applicable to section 4 of P.L. 92-425. However, the collection activity may be terminated by the head of the agency when a determination of the debtor's inability to pay is made under the terms of the Federal Claims Collection Act of 1966.