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Wife's Entitlement to Annuity under the Survivor Benefit Plan

B-178884 Nov 03, 1976
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Highlights

A service member requested information concerning a wife's entitlement to receive an annuity under the Survivor Benefit Plan, 10 U.S.C. 1447-1455, as added by Public Law 94-425, September 21, 1972, 86 Stat. 706, if the service member should predecease her.  Upon review, GAO determined that a member's widow is an eligible beneficiary under the Survivor Benefit Plan, and would be entitled to receive from the military service in which the member was retired, an annuity equal to the difference between the Social Security benefits which the widow would be entitled to receive as the member's widow based on credits attributable to the member's military service and up to 55 percent of the member's retired pay, depending on the percentage of participation elected by the member.  Further, GAO determined that it did not appear that Congress intended to exclude Social Security credits received as a result of military service from consideration in reducing the SBP payments on the basis that such Social Security credits, taken alone, would not quality the individual for a Social Security annuity where those credits combined with the individual's other credits would be sufficient to provide coverage.  GAO noted that Social Security payments are made by the Social Security Administration, not GAO, and that agency has the sole authority to determine the amount of Social Security benefits actually paid.

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