B-134606, DEC. 26, 1957

B-134606: Dec 26, 1957

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THAT THE STEPDAUGHTER IS 27 YEARS OF AGE AND HAS BEEN BLIND SINCE BIRTH. IT IS REPORTED THAT BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT WIFE WAS TERMINATED AS OF OCTOBER 31. THE OFFICER WILL BE CONSIDERED TO HAVE A "DEPENDENT" WITHIN THE MEANING OF THAT PART OF THE DEFINITION OF SUCH TERM CONTAINED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949. OF SUCH MEMBER WHO ARE INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING MENTALLY DEFECTIVE OR PHYSICALLY INCAPACITATED. WHO ARE IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.'. THE TERM "CHILDREN" AS THERE USED INCLUDES STEPCHILDREN WHEN SUCH STEPCHILDREN ARE IN FACT DEPENDENT UPON THE MEMBER. WHERE IT WAS HELD THAT A STEPCHILD OF A MEMBER MAY BE REGARDED.

B-134606, DEC. 26, 1957

TO MAJOR L. M. CHANEY, F.C., FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF NOVEMBER 14, 1957, AND ENCLOSURES, TRANSMITTED HERE BY FIRST INDORSEMENT DATED DECEMBER 3, 1957, FROM THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, REQUESTS DECISION AS TO THE RIGHT OF MAJOR HENRY I. TRAGLE, 01 012 511, TO AN INCREASED BASIC ALLOWANCE FOR QUARTERS UNDER THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, AS AMENDED, ON ACCOUNT OF A DEPENDENT UNMARRIED STEPDAUGHTER OVER 21 YEARS OF AGE.

IT APPEARS THAT THE OFFICER'S WIFE, THE MOTHER OF HIS STEPDAUGHTER, DIED ON OCTOBER 31, 1957; THAT THE STEPDAUGHTER IS 27 YEARS OF AGE AND HAS BEEN BLIND SINCE BIRTH; THAT HE PAYS ALL OF HER LIVING EXPENSES, EXCEPT A SMALL PORTION OF HER SCHOOL EXPENSES PAID BY THE STATE OF MASSACHUSETTS FOR QUALIFIED BLIND PERSONS; AND THAT SHE HAS NO INCOME FROM OTHER SOURCES. IT IS REPORTED THAT BASIC ALLOWANCE FOR QUARTERS FOR A DEPENDENT WIFE WAS TERMINATED AS OF OCTOBER 31, 1957.

ON THE EVIDENCE SUBMITTED, THE OFFICER WILL BE CONSIDERED TO HAVE A "DEPENDENT" WITHIN THE MEANING OF THAT PART OF THE DEFINITION OF SUCH TERM CONTAINED IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, WHICH PROVIDES THAT THE TERM "DEPENDENT" SHALL INCLUDE ,UNMARRIED LEGITIMATE CHILDREN, OVER TWENTY-ONE YEARS OF AGE, OF SUCH MEMBER WHO ARE INCAPABLE OF SELF-SUPPORT BECAUSE OF BEING MENTALLY DEFECTIVE OR PHYSICALLY INCAPACITATED, AND WHO ARE IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT.' THE TERM "CHILDREN" AS THERE USED INCLUDES STEPCHILDREN WHEN SUCH STEPCHILDREN ARE IN FACT DEPENDENT UPON THE MEMBER. CONCERNING THE EFFECT OF THE DEATH OF THE STEPDAUGHTER'S MOTHER, SEE 30 COMP. GEN. 144, WHERE IT WAS HELD THAT A STEPCHILD OF A MEMBER MAY BE REGARDED, AFTER THE DEATH OF THE BLOOD PARENT, AS A DEPENDENT WITHIN THE MEANING OF SECTION 102 (G) SO AS TO AUTHORIZE THE PAYMENT OF INCREASED ALLOWANCES TO THE MEMBER ON ACCOUNT OF SUCH A DEPENDENT STEPCHILD. SEE, ALSO, 34 COMP. GEN. 335, AS TO THE EFFECT OF THE DEATH OF AN ADOPTING PARENT (SPOUSE OF A MEMBER) IN SUCH CASES.

ACCORDINGLY, AND IF OTHERWISE CORRECT, PAYMENT TO THE OFFICER OF AN INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT UNMARRIED CHILD OVER 21 YEARS OF AGE WILL BE PASSED TO CREDIT FOR THE PERIOD COMMENCING ON THE DATE FOLLOWING THAT FOR WHICH THE INCREASED ALLOWANCE LAST WAS PAID AND THEREAFTER SO LONG AS THERE IS NO MATERIAL CHANGE IN THE DEPENDENCY STATUS OF THE STEPDAUGHTER.

THE ENCLOSURES SUBMITTED WITH YOUR LETTER ARE RETURNED. THIS DECISION, OR A COPY, SHOULD BE INCLUDED IN THE ACCOUNT WHEREIN CREDIT FOR THE PAYMENTS AUTHORIZED IS FIRST CLAIMED.