B-134766, JAN. 27, 1958

B-134766, JAN. 27, 1958

TO MRS. MARIA CALLIGARIS MATA MARZAN:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 13, 1957, CONCERNING YOUR CLAIM FOR AMOUNTS DUE IN THE CASE OF FRANK ZELESNIG, FORMER SHIPS COOK FIRST CLASS, UNITED STATES NAVY (RETIRED), WHO DIED JANUARY 1, 1957.

YOUR CLAIM, AS WIDOW OF MARCELLO CALLIGARIS, WHO HAD BEEN DESIGNATED BENEFICIARY BY THE DECEASED RETIRED ENLISTED MAN IN ACCORDANCE WITH THE ACT OF JULY 12, 1955, 69 STAT. 295, WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 21, 1957, OF OUR CLAIMS DIVISION FOR THE REASON THAT YOUR LATE HUSBAND DIED PRIOR TO THE DEATH OF MR. ZELESNIG. IN THE LETTER OF NOVEMBER 13, 1957, YOU URGE THAT THE PAYMENT OF THE AMOUNT DUE BE MADE TO YOU IN VIEW OF YOUR ECONOMIC SITUATION AND FOR HUMANITARIAN REASONS.

AS YOU WERE ADVISED BY THE SETTLEMENT OF OCTOBER 21, 1957, THE ACT OF JULY 12, 1955, WHICH GOVERNS THE SETTLEMENT OF ACCOUNTS OF DECEASED MEMBERS OF THE UNIFORM SERVICES OF THE UNITED STATES WHO DIED ON OR AFTER JANUARY 1, 1956, PROVIDES THAT THE AMOUNT FOUND DUE SHALL BE PAID TO THE PERSONS NAMED IN THE ACT SURVIVING AT THE DATE OF THE DEATH OF THE MEMBER. IN THE SETTLEMENT OF SUCH ACCOUNTS WE MUST COMPLY WITH THE TERMS OF THE CITED ACT AND WE HAVE NO AUTHORITY TO ALLOW CLAIMS EXCEPT TO THE PERSON OR PERSONS NAMED IN SUCH ACT AND THEN ONLY IN THE EVENT THAT SUCH PERSON OR PERSONS SURVIVE THE MEMBER OF THE UNIFORMED SERVICE. SINCE YOUR HUSBAND DID NOT SURVIVE MR. ZELESNIG AND THE ACT CONTAINS NO PROVISION FOR PAYMENT TO THE SURVIVORS OF A DESIGNATED BENEFICIARY WHO DIES PRIOR TO THE MEMBER, OR FOR PAYMENT TO A CLAIMANT FOR ECONOMIC OR HUMANITARIAN REASONS, THERE IS NO FURTHER ACTION WE MAY TAKE IN CONNECTION WITH YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 21, 1957, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.