[Claim of Navy Member's Widow for Survivor Benefit Plan Annuity]

B-188452.2: Nov 25, 1988

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A Navy member's widow, entitled to Disability and Indemnity Compensation (DIC) payments from the Veterans Administration based on her first husband's service, claimed Survivor Benefit Plan (SBP) annuity payments based on a second marriage. The Navy had determined that it: (1) must reduce or eliminate SBP annuities in such cases; and (2) made SBP overpayments to the widow. GAO held that the widow was entitled to: (1) a full SBP annuity based on the second marriage, even though she was also entitled to receive DIC payments, since a court had rejected the Navy's interpretation of the relevant law; and (2) the annuity from the date she successfully requested waiver of the SBP overpayments. Accordingly, the claim was allowed.