Same situation as subsection 1, above where claimant who alleged receipt of a non-covered
pension was entitled to benefits but the adjudicator did not address receipt of a
non-covered pension when entitling the claimant.
More than 4 years after the date of the notice of the initial determination, a subsequent
auxiliary files for benefits. At that time, we discover our failure to include the
non-covered pension amount when calculating the PIA.
We cannot re-compute the PIA to include WEP nor can we impose the new WEP PIA to the
benefit payable to the newly entitled auxiliary. The benefit amount for the newly
entitled auxiliary should be based on the current PIA of record. (This is the exception
to GN 04030.070B.1.c.)
REMINDER : If the error was discovered within 4 years of the date of the initial award notice,
we can correct the PIA on record.