B-154278, JUN. 11, 1964

B-154278: Jun 11, 1964

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ENCLOSES A COPY OF THE STATEMENT SAID TO HAVE BEEN LEFT BY DONNA C. IT IS POINTED OUT THEREIN THAT THERE IS NOW PENDING IN THE CIRCUIT COURT OF ARLINGTON COUNTY. A SUIT FOR THE ESTABLISHMENT OF THAT STATEMENT AS THE LAST WILL AND TESTAMENT OF THE DECEDENT. IT IS ALSO POINTED OUT THAT SUCH STATEMENT IS CONSIDERED TO BE A DESIGNATION OF BENEFICIARY AS SET FORTH IN THE STATUTORY PROVISION QUOTED IN OUR SETTLEMENT OF MAY 13. YOU WILL NOTE FROM THE LANGUAGE OF THE STATUTORY PROVISION QUOTED IN THE FOREGOING SETTLEMENT. EVEN IF THE COURT DECIDES THAT THE STATEMENT INVOLVED REPRESENTS THE LAST WILL AND TESTAMENT OF THE DECEDENT SUCH DETERMINATION WOULD NOT SATISFY THE STATUTORY REQUIREMENTS PRESCRIBED FOR THE DESIGNATION OF A BENEFICIARY UNDER THE PROVISIONS OF THE ACT OF AUGUST 3.

B-154278, JUN. 11, 1964

TO COMMANDER AND MRS. JAMES C. CREEDEN:

THE LETTER OF MAY 19, 1964, WRITTEN IN YOUR BEHALF, ENCLOSES A COPY OF THE STATEMENT SAID TO HAVE BEEN LEFT BY DONNA C. POWELL (NEE CREEDEN) ON THE EVENING OF HER DEATH. IT IS POINTED OUT THEREIN THAT THERE IS NOW PENDING IN THE CIRCUIT COURT OF ARLINGTON COUNTY, VIRGINIA, A SUIT FOR THE ESTABLISHMENT OF THAT STATEMENT AS THE LAST WILL AND TESTAMENT OF THE DECEDENT. IT IS ALSO POINTED OUT THAT SUCH STATEMENT IS CONSIDERED TO BE A DESIGNATION OF BENEFICIARY AS SET FORTH IN THE STATUTORY PROVISION QUOTED IN OUR SETTLEMENT OF MAY 13, 1964, WHICH DISALLOWED YOUR CLAIM FOR THE AMOUNT DUE THE DECEDENT AS AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR.

YOU WILL NOTE FROM THE LANGUAGE OF THE STATUTORY PROVISION QUOTED IN THE FOREGOING SETTLEMENT, MAKING IT UNNECESSARY TO REPEAT IT HERE, THAT THE DESIGNATION OF A BENEFICIARY BY AN EMPLOYEE MUST BE IN WRITING AND IT MUST BE FILED WITH THE EMPLOYING AGENCY PRIOR TO THE EMPLOYEE'S DEATH.

THEREFORE, EVEN IF THE COURT DECIDES THAT THE STATEMENT INVOLVED REPRESENTS THE LAST WILL AND TESTAMENT OF THE DECEDENT SUCH DETERMINATION WOULD NOT SATISFY THE STATUTORY REQUIREMENTS PRESCRIBED FOR THE DESIGNATION OF A BENEFICIARY UNDER THE PROVISIONS OF THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F. THEREFORE, SUCH DETERMINATION WOULD FORM NO BASIS UPON WHICH WE COULD ALLOW YOUR CLAIM.