B-134667, JAN. 10, 1958

B-134667, JAN. 10, 1958

TO MISS EVELYN E. PARKS:

YOUR LETTER OF NOVEMBER 30, 1957, REQUESTS REVIEW OF OUR SETTLEMENT OF NOVEMBER 25, 1957, WHICH DISALLOWED YOUR CLAIM AS MOTHER OF LINDA LORRAINE PARKS, THE ILLEGITIMATE MINOR DAUGHTER OF FRANK A. AUGUSTA, JR., DECEASED, FOR UNPAID COMPENSATION DUE THE DECEDENT AT THE TIME OF HIS DEATH INCIDENT TO HIS EMPLOYMENT WITH THE UNITED STATES MARINE CORPS.

PUBLIC LAW 636, APPROVED AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61G, PROVIDES IN PERTINENT PART AS FOLLOWS:

"* * * THE TERM "UNPAID COMPENSATION" MEANS THE PAY, SALARY, OR ALLOWANCES, OR OTHER COMPENSATION DUE ON ACCOUNT OF THE SERVICES OF THE DECEDENT FOR THE FEDERAL GOVERNMENT * * *.'

PUBLIC LAW 636 ALSO PROVIDES THAT IN THE ABSENCE OF A DESIGNATED BENEFICIARY OR SURVIVING SPOUSE ALL UNPAID COMPENSATION DUE A DECEASED EMPLOYEE SHALL BE PAID TO ANY SURVIVING CHILD OR CHILDREN OR DESCENDANTS OF DECEASED CHILDREN, AND IF NONE OF THE ABOVE TO SURVIVING PARENT OR PARENTS OF THE DECEDENT, AND IF NONE TO THE DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEDENT, AND IF NONE THEN TO PERSON OR PERSONS DETERMINED TO BE ENTITLED THERETO UNDER THE LAWS OF THE DOMICILE OF THE DECEDENT. ON SEPTEMBER 16, 1957, YOU FILED STANDARD FORM 1155, CLAIM FOR UNPAID COMPENSATION OF DECEASED CIVILIAN EMPLOYEE, FOR LINDA LORRAINE PARKS AS SURVIVING CHILD OF THE DECEDENT.

UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, THE DECEDENT'S DOMICILE AT THE TIME OF DEATH, AN ILLEGITIMATE CHILD DOES NOT INHERIT FROM HIS FATHER AND APPARENTLY CAN BE LEGITIMATIZED ONLY BY THE MARRIAGE OF ITS NATURAL PARENTS. SEE TITLE 20, SECTION 1.7, PENNSYLVANIA STATUTES ANNOTATED. PUBLIC LAW 636 CONSTITUTES THE SOLE AUTHORITY FOR DISPOSING OF UNPAID COMPENSATION DUE A DECEASED EMPLOYEE OF THE GOVERNMENT, AND AN ILLEGITIMATE CHILD WHO IS NOT A LEGAL HEIR OF THE DECEDENT IS NOT A CHILD FOR THE PURPOSES OF THE STATUTE.

SINCE LINDA LORRAINE PARKS IS NOT A LEGAL HEIR OF THE DECEDENT UNDER THE LAW OF THE COMMONWEALTH OF PENNSYLVANIA SHE IS NOT ENTITLED, UNDER PUBLIC LAW 636, TO PARTICIPATE IN ANY AMOUNT FOUND DUE FOR UNPAID COMPENSATION.

IN YOUR LETTER OF NOVEMBER 30, 1957, YOU REFER TO STANDARD FORM 2800, AMENDED AUGUST 1956, APPLICATION FOR DEATH BENEFITS. THIS FORM IS FILED WITH THE CIVIL SERVICE COMMISSION WHEN APPLICATION IS MADE FOR DEATH BENEFITS UNDER THE CIVIL SERVICE RETIREMENT ACT, 70 STAT. 755. THE CIVIL SERVICE RETIREMENT ACT AND PUBLIC LAW 636 ARE SEPARATE AND DISTINCT LAWS. STANDARD FORM 2800 APPLIES ONLY TO DEATH BENEFITS UNDER THE CIVIL SERVICE RETIREMENT ACT WHILE STANDARD FORM 1155 WHICH DOES NOT REFER TO ILLEGITIMATE CHILDREN APPLIES ONLY TO CLAIMS FOR UNPAID COMPENSATION OF A DECEASED CIVILIAN EMPLOYEE UNDER PUBLIC LAW 636. CONSEQUENTLY, STANDARD FORM 2800, QUOTED IN PART IN YOUR LETTER HAS NO BEARING ON YOUR CLAIM FOR UNPAID COMPENSATION.

THEREFORE, THE SETTLEMENT OF NOVEMBER 25, 1957, WHICH DISALLOWED YOUR CLAIM IS CORRECT AND IS SUSTAINED.

IT MAY BE THAT THE DECEDENT'S SISTER AND TWO BROTHERS, TO WHOM YOUR LETTER REFERS, ARE THE PERSONS ENTITLED TO PAYMENT UNDER THE LAW. CLAIMS ARE RECEIVED FROM THEM AND SHOULD SUCH CLAIMS RECEIVE FAVORABLE CONSIDERATION THE QUESTION OF SETTING ASIDE ALL OR PART OF THE PROCEEDS OF ANY CHECKS ISSUED IN PAYMENT THEREOF FOR THE BENEFIT OF YOUR DAUGHTER WOULD BE FOR SETTLEMENT AMONG YOU.