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B-186504 1 (1977-04-06)

handle is hein.gao/gaobadeeq0001 and id is 1 raw text is: I J. Dean Mosher Mil.Pers. THE CCMWTWROLLER OENERAL DCIUION oP THE UNITED STATES WASHINGTON. O.Q. 00548 V I l A :ILE: B- MATTER O DIGEST: I. 186504 DATE: April 6, 1977 F: Department of Defense Military Pay and Allowance Committee Action No. 524 1. Where widow's Survivor Benefit Plan (SBP) annuity is reduced pursuant to 10 U. S. C. 1450(c), by the award of Dependency and Indemnity Compensa- tion (DIC) the computation of cost of the reduced annuity in order to deter- mine amount of any refund due the widow pursuant to 10 U. S. C. 1450(e) is to be done on a monthly basis and shall include all cost-of-living increases in retired pay and all in- creases in IDIC rates from the date of member's retirement until the date of his death. 2. Where a surviving spouse receives the full amount of selected SBP annuity for any period because an award of DIC could not be made retroactive to the date of death, since recalculation uf SBP annuity pursuant to 10 U. S. C. 1450(c) and (e) is permitted only when annuity is reduced by DIC award effec- tive upon the death of the retiree, no refund is due. This action is in response to a letter from the Assistant Secretary of Defense (Comptroder) requesting a decision on several questions concerning the correct method of recalculating the cost of a Survivor Benefit Plain (SBP) annuity in the circumstances described - in Department of Defense Military Pay and Allowance Committee Action No. 524, enclosed with the letter. The first question is: When a Survivor Benefit Plan (SBP) annuity is reduced by an award of Dependency and hidemnity Compensation (DIC) and a partial cost refund is due the widow or widower, what is the correct method 0