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[Request for Advance Decision Regarding Payment of USCG Survivor Benefit Plan Annuity]

B-221466 Jul 03, 1986
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Highlights

The Coast Guard requested a decision on whether: (1) the surviving spouse of a retired Coast Guard employee could retain erroneous retired pay in addition to the survivor annuity she received during the same period; or (2) the retired pay amount should be set off from the survivor annuity amount. GAO noted that the Coast Guard failed to notify the survivor that her spouse had elected not to participate in the Survivor Benefit Plan and, therefore, she was entitled to a full retirement annuity. GAO held that the survivor was not required to refund the excess retirement pay she received. Accordingly, the request for collection of erroneous payment was waived and the survivor was entitled to full annuity payments for the period before which her annuity payments began.

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