A-44004, APR. 21, 1958

A-44004, APR. 21, 1958

TO THE HONORABLE HARRIS ELLSWORTH, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF FEBRUARY 5, 1958, REQUESTS OUR APPROVAL OF A PROPOSAL TO DISCONTINUE USE OF THE LEGEND "UNREMARRIED WIDOW" OR "UNREMARRIED WIDOWER" ON ALL CIVIL SERVICE RETIREMENT CHECKS ISSUED TO WIDOWS OR WIDOWERS OF DECEASED EMPLOYEES OR DECEASED ANNUITANTS ENTITLED TO SURVIVOR ANNUITY UNDER PROVISIONS OF THE CIVIL SERVICE RETIREMENT ACT WHICH REQUIRE TERMINATION OF ANNUITY UPON REMARRIAGE.

YOU REPORT THAT A NUMBER OF COMPLAINTS FROM WIDOWS HAVE BEEN RECEIVED REGARDING THE USE OF THE LEGEND "UNREMARRIED WIDOW" ON EACH CHECK ISSUED. THIS LEGEND APPEARS IMMEDIATELY BELOW THE NAME OF THE PAYEE AND THEREFORE IS CLEARLY VISIBLE IN THE WINDOW OF THE CHECK ENVELOPE, AND YOU STATE THAT IT IS NOT FEASIBLE OR PRACTICABLE TO PLACE THE LEGEND ELSEWHERE ON THE CHECK OR TO USE OTHER THAN WINDOW ENVELOPES FOR MAILING. TWO OF THE TYPES OF COMPLAINTS REPORTED TO HAVE BEEN RECEIVED ARE (1) THAT USE OF THE LEGEND IS A CONSTANT REMINDER OF THE LOSS BY DEATH AND IS EXTREMELY DISTRESSING IN SOME CASES, AND (2) THAT THE LEGEND IS AN INFRINGEMENT UPON AN INDIVIDUAL'S RIGHTS AS A PRIVATE CITIZEN. IN ADDITION TO REMOVING THE CAUSE OF THE COMPLAINTS, YOU POINT OUT THAT REMOVAL OF THE EXTRA LINE OF PRINTING REQUIRED BY THE LEGEND ON EACH CHECK WOULD RESULT IN A SAVINGS OF TIME IN THE DISBURSING OFFICE WHICH PREPARES YOUR CHECKS. IT IS EXPLAINED THAT CONVERSION FROM ADDRESSOGRAPH PLATES TO PUNCH CARDS BY THE DISBURSING OFFICE, SCHEDULED FOR COMPLETION EARLY IN 1958, WILL REQUIRE A SECOND CARD TO PROVIDE SUFFICIENT INFORMATION FOR PRINTING THE FULL NAME, THE LEGEND "UNREMARRIED WIDOW" OR "UNREMARRIED WIDOWER," AND THE COMPLETE ADDRESS IN A LARGE NUMBER OF CASES.

PRESENT PROCEDURES, OTHER THAN THE PLACING OF A LEGEND ON THE CHECK, IN YOUR VIEW APPEAR TO ADEQUATELY SAFEGUARD THE INTERESTS OF THE UNITED STATES. EACH WIDOW OR WIDOWER ENTITLED TO SURVIVOR ANNUITY UNDER THE PROVISIONS OF THE RETIREMENT ACT IS ADVISED AT THE TIME OF APPROVAL THAT ANNUITY WILL BE DISCONTINUED AS REQUIRED BY LAW IF HE OR SHE REMARRIES. YOUR PROCEDURE ALSO REQUIRES EACH SUCH WIDOW OR WIDOWER ANNUITANT TO CERTIFY PERIODICALLY WHETHER HE OR SHE HAS REMARRIED--- THE CERTIFICATION BEING REQUIRED SOME TIME DURING THE FIRST AND SECOND YEAR AFTER ANNUITY COMMENCES AND THEREAFTER AT TWO YEAR INTERVALS. THEREFORE, IT IS URGED THAT ALTHOUGH IT IS TRUE TITLE TO ANNUITY CEASES UPON REMARRIAGE, THE ORIGINAL NOTICE TO THE SURVIVOR ANNUITANT THAT THIS IS THE CASE AND YOUR PERIODIC REQUEST FOR CERTIFICATION WOULD APPEAR TO SAFEGUARD ADEQUATELY THE INTERESTS OF THE UNITED STATES. ALSO, YOU POINT OUT THAT IN THE EVENT OVERPAYMENT SHOULD BE MADE BECAUSE OF THE FAILURE OF THE PAYEE TO NOTIFY THE COMMISSION OF CHANGES WARRANTING TERMINATION OR ADJUSTMENT, AND IF YOU FAIL IN YOUR COLLECTION EFFORTS, IN SOME CASES, THERE REMAINS AN ADMINISTRATIVE SOURCE OF RECOVERY, THAT IS, FROM ANY RESIDUAL PAYMENT DUE OR FROM OTHER SURVIVOR ANNUITIES DUE AND PAYABLE.

THE USE OF A LEGEND ON CHECKS ISSUED TO ANNUITANTS UNDER THE CIVIL SERVICE RETIREMENT ACT IS NOT A STATUTORY REQUIREMENT BUT WAS ADOPTED AS A SAFEGUARD OF THE INTERESTS OF THE UNITED STATES--- THE LEGEND SERVING AS A CONSTANT REMINDER TO THE PAYEE AND SECOND ENDORSERS THAT THE FORMER WAS ENTITLED TO THE PROCEEDS OF THE CHECK ONLY WHILE THE STATUS DESCRIBED IN THE LEGEND WAS MAINTAINED. THAT BEING THE PURPOSE OF THE LEGEND, THERE WOULD BE NO OBJECTION TO THE DISCONTINUANCE THEREOF PROVIDED THE GOVERNMENT'S INTERESTS ARE OTHERWISE SAFEGUARDED. WHILE THE NOTIFICATION AND PERIODIC CERTIFICATION PROCEDURES, TOGETHER WITH THE POSSIBILITY OF ADMINISTRATIVE RECOVERY FROM RESIDUAL PAYMENTS DUE SHOULD OVERPAYMENTS BE MADE, MIGHT APPEAR TO PROVIDE SUCH SAFEGUARDS, IT IS DEEMED ADVISABLE TO APPROVE YOUR PROPOSAL TO DISCONTINUE USE OF THE LEGEND AT THIS TIME FOR A TRIAL PERIOD OF ONE YEAR. THERE HAS BEEN NOTED "1957 REPORT ON POLICING LIMITED SURVIVOR ANNUITY ROLL" DATED AUGUST 7, 1957, WHICH SHOWS THAT YOUR CERTIFICATION FROM ANNUITANTS REGARDING MARITAL STATUS DISCLOSED THAT THERE HAD BEEN TWENTY-FOUR REMARRIAGES NOT PREVIOUSLY REPORTED AND PRESUMABLY CHECKS WERE ISSUED OVER VARYING PERIODS AND NEGOTIATED BY THE REMARRIED PAYEES. THIS WOULD CAST A DOUBT ON THE EFFICACY OF THE LEGEND. HOWEVER, IN ORDER TO DETERMINE WHETHER THE INTERESTS OF THE UNITED STATES ARE BEING ADEQUATELY SAFEGUARDED UNDER NOTIFICATION AND CERTIFICATION PROCEDURES AND ADMINISTRATIVE SOURCE OF RECOVERY, IT IS REQUESTED THAT WE BE FURNISHED A REPORT OF THE CHANGES IN MARITAL STATUS OF ANNUITANT PAYEES AT THE END OF THE ONE-YEAR PERIOD SHOWING THE NUMBER AND TOTAL AMOUNT OF CHECKS NEGOTIATED BY THE PAYEES SUBSEQUENT TO TERMINATION OF ENTITLEMENT AND THE NET LOSS RESULTING AFTER RECOURSE TO ADMINISTRATIVE SOURCE OF RECOVERY, AS COMPARED TO A SIMILAR PERIOD PRIOR TO THE DISCONTINUANCE OF THE LEGEND. ALSO, WE WOULD APPRECIATE YOUR RECOMMENDATIONS AT THAT TIME AS TO WHETHER THE LEGEND SHOULD BE DISCONTINUED PERMANENTLY OR WHETHER IT SHOULD BE RESTORED.