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B-25070, AUGUST 24, 1942, 22 COMP. GEN. 155

B-25070 Aug 24, 1942
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OR BROTHER DETERMINED BY HIM TO HAVE BEEN DEPENDENT UPON THE DECEASED. IT IS REQUESTED THAT THE FOLLOWING QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION: "WHEN THE DESIGNATED BENEFICIARY OF A DECEASED OFFICER. OR NURSE DECLINES TO SUBMIT CLAIM FOR THE SIX MONTHS' DEATH GRATUITY AS PROVIDED FOR IN SUBJECT ACT ON THE GROUND THAT HE OR SHE WAS NOT DEPENDENT ON THE DECEASED TO ANY EXTENT WHATSOEVER. MAY THE CLAIM OF AN UNDESIGNATED RELATIVE BE PAID IF THE SECRETARY OF THE NAVY DETERMINES THAT THE FACT OF DEPENDENCY OF THE CLAIMANT UPON THE DECEASED IS ESTABLISHED? IT IS OF COURSE UNDERSTOOD THAT THE UNDESIGNATED RELATIVE MUST BE WITHIN THE CLASSES OF ELIGIBLE RELATIVES AS ENUMERATED IN SUBJECT ACT.

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B-25070, AUGUST 24, 1942, 22 COMP. GEN. 155

SIX MONTHS' DEATH GRATUITY - JURISDICTION OF SECRETARY OF NAVY WHERE DESIGNATED BENEFICIARY DECLINES PAYMENT WHERE A PERSON WHO HAS BEEN DESIGNATED BY A NAVY OFFICER, ENLISTED MAN, OR NURSE AS BENEFICIARY OF THE SIX MONTHS' DEATH GRATUITY PAYMENT PROVIDED FOR IN THE ACT OF MAY 22, 1928, AS AMENDED, DECLINES TO SUBMIT CLAIM THEREFOR BECAUSE OF LACK OF DEPENDENCY, SUCH DECLINATION DOES NOT AMOUNT TO A FAILURE OF DESIGNATION SO AS TO BRING THE CASE WITHIN THE PROVISION OF SAID ACT WHICH AUTHORIZES THE SECRETARY OF THE NAVY, IN THOSE CASES WHERE THERE HAS BEEN NO PREVIOUS DESIGNATION OF A DEPENDENT RELATIVE, TO CAUSE THE GRATUITY TO BE PAID TO A GRANDPARENT, PARENT, SISTER, OR BROTHER DETERMINED BY HIM TO HAVE BEEN DEPENDENT UPON THE DECEASED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, AUGUST 24, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 27, 1942, TRANSMITTING A LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, DATED JULY 20, 1942, AS FOLLOWS:

SUBJECT: SIX MONTHS' DEATH GRATUITY AS PROVIDED FOR IN THE ACT OF MAY 22, 1928, 45 STAT. 710, AS AMENDED BY THE ACT OF MARCH 7, 1942, PUBLIC NO. 490.

1. IT IS REQUESTED THAT THE FOLLOWING QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION:

"WHEN THE DESIGNATED BENEFICIARY OF A DECEASED OFFICER, ENLISTED MAN, OR NURSE DECLINES TO SUBMIT CLAIM FOR THE SIX MONTHS' DEATH GRATUITY AS PROVIDED FOR IN SUBJECT ACT ON THE GROUND THAT HE OR SHE WAS NOT DEPENDENT ON THE DECEASED TO ANY EXTENT WHATSOEVER, AT THE DATE OF DEATH OR AT ANY TIME PRIOR THERETO, MAY THE CLAIM OF AN UNDESIGNATED RELATIVE BE PAID IF THE SECRETARY OF THE NAVY DETERMINES THAT THE FACT OF DEPENDENCY OF THE CLAIMANT UPON THE DECEASED IS ESTABLISHED?

IT IS OF COURSE UNDERSTOOD THAT THE UNDESIGNATED RELATIVE MUST BE WITHIN THE CLASSES OF ELIGIBLE RELATIVES AS ENUMERATED IN SUBJECT ACT. THE FACTS AS STATED ABOVE ARE INVOLVED IN ACTUAL CASES NOW BEFORE THIS BUREAU FOR CONSIDERATION.

2. SUBJECT ACT PROVIDES IN PART "* * * THE PAYMASTER GENERAL SHALL CAUSE TO BE PAID TO THE WIDOW, AND IF THERE BE NO WIDOW TO THE CHILD OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD, TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER, ENLISTED MEN, OR NURSE PREVIOUSLY DESIGNATED BY HIM OR HER, AN AMOUNT EQUAL TO SIX MONTHS' PAY * * *.' IT IS FURTHER PROVIDED,"THAT IF THERE BE NO WIDOW, CHILD, OR PREVIOUSLY DESIGNATED DEPENDENT RELATIVE, THE SECRETARY OF THE NAVY SHALL CAUSE THE AMOUNT HEREIN PROVIDED TO BE PAID TO ANY GRANDPARENT, PARENT, SISTER, OR BROTHER SHOWN TO HAVE BEEN DEPENDENT UPON SUCH OFFICER, ENLISTED MAN, OR NURSE PRIOR TO HIS OR HER DEATH, * * *.' ( ITALICS SUPPLIED.)

3. IT THUS APPEARS THAT PAYMENT OF THE GRATUITY TO A DESIGNATED CLAIMANT REQUIRES THAT THREE CONDITIONS BE MET, NAMELY, (1) THAT THE CLAIMANT BE DESIGNATED BY THE DECEASED TO RECEIVE THE GRATUITY, (2) THAT THE CLAIMANT BE DEPENDENT UPON THE DECEASED AND (3) THAT THE CLAIMANT BEA RELATIVE OF THE DECEASED. ACCORDINGLY, IT IS BELIEVED THAT WHEN A RELATIVE WHO IS DESIGNATED TO RECEIVE THE GRATUITY HAS NOT, BY HIS OR HER OWN ADMISSION, AT ANY TIME BEEN DEPENDENT UPON THE DECEASED TO ANY DEGREE, SUCH DESIGNATION IS NULL AND VOID, AB INITIO, WITH RESPECT TO THE PURPOSE FOR WHICH IT IS ADMINISTRATIVELY REQUIRED TO BE MADE. THEREFORE, IT IS BELIEVED THAT THE CLAIM OF ANY GRANDPARENT, PARENT, SISTER OR BROTHER OF THE DECEASED MAY PROPERLY BE CONSIDERED IN ACCORDANCE WITH THE SECOND QUOTED PORTION OF THE STATUTE.

IN DECISION OF JULY 30, 1942, B-25657, 22 COMP. GEN. 85, IT WAS HELD THAT THE DEATH GRATUITY STATUTE IN AUTHORIZING PAYMENTS TO ANY OTHER DEPENDENT RELATIVE PREVIOUSLY DESIGNATED CONTEMPLATED A CLASS OF NEAR RELATIVES WHO HAD AN INSURABLE INTEREST IN THE DECEASED AND THAT WHERE PROPERLY DESIGNATED PAYMENT WAS AUTHORIZED IN THE CASE OF MOTHER, FATHER, BROTHER, OR SISTER WITHOUT EVIDENCE OF DEPENDENCY. IT IS PROBABLE THAT THE DECLINATIONS IN THESE CASES WERE DUE TO INFORMATION FURNISHED AS TO THE REQUIREMENT OF DEPENDENCY IN SOME DEGREE UNDER DECISIONS IN EFFECT FROM 1924 TO JULY 30, 1942.

THE AMENDMENT OF 1928 PROVIDES FOR A SITUATION WHERE NO DESIGNATION HAS BEEN MADE. IT HAS NO APPLICATION WHERE THERE HAS BEEN A DESIGNATION EVEN THOUGH THE RELATIVE DESIGNATED MAY HAVE CONCLUDED THAT HE OR SHE IS NOT A DEPENDENT RELATIVE WITHIN THE MEANING OF THE ACT. WHERE THERE HAS BEEN A DESIGNATED RELATIVE, THERE HAS BEEN NO FAILURE OF DESIGNATION. DECISION A -61333, DATED APRIL 23, 1936.

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