B-142790, MAY 28, 1965
Highlights
ARMY: REFERENCE IS MADE TO THE CASE OF MURIEL S. AS ANNUITY IN THE AMOUNT OF $200.87 A MONTH WAS ESTABLISHED IN FAVOR OF MRS. THAT SUCH RIGHT WAS NOT REVIVED UPON THE SUBSEQUENT ANNULMENT OF THAT MARRIAGE BY A NEVADA COURT. SUIT WAS FILED ON BEHALF OF MRS. WHICH AMOUNT WAS AUTHORIZED TO BE PAID ON CERTIFICATE OF SETTLEMENT OF THIS OFFICE RELEASED UNDER TRANSMITTAL NO. 89099 ON APRIL 27. THURBER IS ENTITLED TO RECEIVE A MONTHLY ANNUITY PAYMENT OF $200.87 BEGINNING WITH THE MONTH OF NOVEMBER 1963 AND CONTINUING UNTIL SUCH TIME IN THE FUTURE AS SHE MIGHT BECOME INELIGIBLE FOR SUCH PAYMENTS. A COPY OF THE COURT'S DECREE IS ENCLOSED. WILL NO LONGER BE FOLLOWED WITH RESPECT TO MRS. A COPY OF THIS LETTER IS BEING SENT TO MR.
B-142790, MAY 28, 1965
TO COMMANDING OFFICER, ARMY FINANCE CENTER, U.S. ARMY:
REFERENCE IS MADE TO THE CASE OF MURIEL S. THURBER WHO CLAIMED ANNUITY PAYMENTS AS UNREMARRIED WIDOW OF COLONEL PHILIP LOOMIS THURBER, O 3673, U.S. ARMY, RETIRED, DECEASED, UNDER THE UNIFORMED SERVICES, CONTINGENCY OPTION ACT OF 1953, APPROVED AUGUST 8, 1953, CH. 393, 67 STAT. 501, AS AMENDED, NOW CODIFIED IN 10 U.S.C. 1431 ET SEQ., AND REDESIGNATED THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN.
FOLLOWING COLONEL THURBER'S DEATH IN JULY 1957, AS ANNUITY IN THE AMOUNT OF $200.87 A MONTH WAS ESTABLISHED IN FAVOR OF MRS. THURBER IN ACCORDANCE WITH THE 1953 ACT BASED ON THE OFFICER'S TIMELY AND VALID ELECTION THEREUNDER. IN OUR DECISION OF AUGUST 16, 1960, 40 COMP. GEN. 103, WE HELD THAT MRS. THURBER LOST HER RIGHT TO THE ANNUITY IN QUESTION ON MARCH 4, 1959, WHEN SHE MARRIED MR. ERMYN MCNARY CARSON, AND THAT SUCH RIGHT WAS NOT REVIVED UPON THE SUBSEQUENT ANNULMENT OF THAT MARRIAGE BY A NEVADA COURT.
SUIT WAS FILED ON BEHALF OF MRS. THURBER IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON, NORTHERN DIVISION, CIVIL NO. 5729. ON OCTOBER 28, 1963, THAT COURT ENTERED JUDGMENT IN FAVOR OF MRS. THURBER FOR ANNUITY PAYMENTS AT $200.87 A MONTH FOR THE PERIOD APRIL 1, 1959, TO OCTOBER 31, 1963, $11,047.85, WHICH AMOUNT WAS AUTHORIZED TO BE PAID ON CERTIFICATE OF SETTLEMENT OF THIS OFFICE RELEASED UNDER TRANSMITTAL NO. 89099 ON APRIL 27, 1964.
IN ADDITION TO JUDGMENT IN THE AMOUNT OF $11,047.85, THE UNITED STATES DISTRICT COURT ALSO HELD THAT MRS. THURBER IS ENTITLED TO RECEIVE A MONTHLY ANNUITY PAYMENT OF $200.87 BEGINNING WITH THE MONTH OF NOVEMBER 1963 AND CONTINUING UNTIL SUCH TIME IN THE FUTURE AS SHE MIGHT BECOME INELIGIBLE FOR SUCH PAYMENTS. A COPY OF THE COURT'S DECREE IS ENCLOSED.
IN VIEW OF THE CIRCUMSTANCES IN THIS CASE, OUR DECISION OF AUGUST 16, 1960, WILL NO LONGER BE FOLLOWED WITH RESPECT TO MRS. THURBER AND HER ANNUITY SHOULD BE REESTABLISHED AND PAID BEGINNING WITH THE MONTH OF NOVEMBER 1963.
A COPY OF THIS LETTER IS BEING SENT TO MR. MALCOLM L. EDWARDS, 610 UNITED PACIFIC BUILDING, SEATTLE, WASHINGTON, 98104, THE ATTORNEY OF RECORD FOR MRS. THURBER.