B-159146, JUN. 9, 1966

B-159146, JUN. 9, 1966

TO MRS. BESSIE R. HARVIN:

IN YOUR LETTER OF APRIL 22, 1966, YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR THE UNPAID COMPENSATION DUE YOUR SON, JAMES HARVIN, NOW DECEASED.

SECTION 1 OF THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F, REQUIRES THAT ALL UNPAID COMPENSATION DUE DECEASED CIVILIAN OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT BE PAID IN THE FOLLOWING ORDER OF PRECEDENCE:

"FIRST, TO THE BENEFICIARY OR BENEFICIARIES DESIGNATED BY THE OFFICER OR EMPLOYEE IN WRITING TO RECEIVE SUCH COMPENSATION FILED WITH THE GOVERNMENT AGENCY IN WHICH THE OFFICER OR EMPLOYEE WAS EMPLOYED AT THE TIME OF HIS DEATH, AND RECEIVED BY SUCH AGENCY PRIOR TO THE OFFICER'S OR EMPLOYEE'S DEATH;

"SECOND, IF THERE BE NO SUCH BENEFICIARY, TO THE WIDOW OR WIDOWER OF SUCH OFFICER, OR EMPLOYEE;

"THIRD, IF THERE BE NO BENEFICIARY OR SURVIVING SPOUSE, TO THE CHILD OR CHILDREN OF SUCH OFFICER OR EMPLOYEE, AND DESCENDANTS OF DECEASED CHILDREN, BY REPRESENTATION;

"FOURTH, IF NONE OF THE ABOVE, TO THE PARENTS OF SUCH OFFICER OR EMPLOYEE, OR THE SURVIVOR OF THEM;

"FIFTH, IF THERE BE NONE OF THE ABOVE, TO THE DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEASED OFFICER OR EMPLOYEE, OR IF THERE BE NONE, TO THE PERSON OR PERSONS DETERMINED TO BE ENTITLED THERETO UNDER THE LAWS OF THE DOMICILE OF THE DECEASED OFFICER OR EMPLOYEE.'

JAMES HARVIN DID NOT DESIGNATE A BENEFICIARY. THEREFORE, THE NEXT IN ORDER OF PRECEDENCE WOULD BE HIS WIDOW, IF ANY. AS YOU SAY, MARGARET FOSTER HARVIN IS NOT HIS LEGAL WIDOW. CONSEQUENTLY, THE NEXT PERSON TO BE CONSIDERED IS JAMIE YVETTE HARVIN, THE CHILD OF MARGARET FOSTER HARVIN AND JAMES HARVIN. UNDER CALIFORNIA STATUTES AN ILLEGITIMATE CHILD IS AN HEIR OF HIS MOTHER AND ALSO OF THE PERSON WHO, IN WRITING, SIGNED IN THE PRESENCE OF A COMPETENT WITNESS, ACKNOWLEDGES HIMSELF TO BE THE FATHER. SEC. 255, DEERING'S PROBATE CODE, STATE OF CALIFORNIA. YOUR SON ADMITTED THE PATERNITY OF THE EXPECTED NEWBORN OF MARGARET FOSTER HARVIN AS EVIDENCED IN OUR RECORD BY A CERTIFIED COPY OF ALAMEDA COUNTY PATERNITY ACKNOWLEDGMENT FORM AND AGREEMENT TO PAY DATED MARCH 25, 1965, ELIGIBILITY NO. 39689-B. THE ORIGINAL OF THIS DOCUMENT IS IN THE POSSESSION OF HIGHLAND CLINIC, ELIGIBILITY SECTION, FOR THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA. SINCE YOUR SON ACKNOWLEDGED THE EXPECTED CHILD AS EVIDENCED BY THE ABOVE DOCUMENT, THE CHILD IS CONSIDERED AN HEIR UNDER 5 U.S.C. 61F, AND IS ENTITLED TO THE UNPAID COMPENSATION DUE THE DECEDENT.

THE COPY OF THE STATEMENT COVERING THE FUNERAL EXPENSES IS RETURNED HEREWITH.