Waiver of Erroneous Payments of Survivor Benefit Plan Annuity

B-182704(2): 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 Sgt. [REDACTED] under the Survivor Benefit Plan. The overpayment was not for waiver under 10 U.S.C. 2774 as recommended but could only be considered for waiver under 10 U.S.C. 1453. Waiver could only be granted where there was not only a showing of no fault on the part of the widow but also a showing that recovery would result in a financial hardship to the widow or would be otherwise against equity and good conscience.

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