B-160638, JAN. 23, 1967

B-160638: Jan 23, 1967

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THE AMOUNT REPRESENTS SUBSISTENCE AND TRANSPORTATION EXPENSES STATED TO HAVE BEEN INCURRED BY MR. THE ISSUE RAISED BY YOUR LETTER IS WHETHER THE PARENT OF A FORMER SPOUSE- . THE MARRIAGE HAVING BEEN TERMINATED BY DIVORCE IN 1957 AND THE PARENT HAVING BECOME A MEMBER OF THE EMPLOYEE'S HOUSEHOLD IN 1966- - IS A MEMBER OF THE IMMEDIATE FAMILY AS THAT TERM IS DEFINED IN SECTION 1.2D OF THE ABOVE-CITED CIRCULAR. IN WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY THE WORD "SPOUSE" IS DEFINED "AS A MAN OR WOMAN JOINED IN WEDLOCK.'. LEGAL AS WELL AS ORDINARY MEANING OF "SPOUSE" IS ONE'S WIFE OR HUSBAND. AN EXISTING LEGAL MARRIAGE ARISING FROM LAWFUL WEDLOCK IS AN ESSENTIAL ELEMENT OF THE STATUS OF BEING A "SPOUSE.'.

B-160638, JAN. 23, 1967

TO OFFICE OF FINANCIAL MANAGEMENT AND AUDIT:

YOUR LETTER OF JANUARY 4, 1967, ENCLOSING A VOUCHER FOR $130.16 IN FAVOR OF MR. GAYLORD L. ANDERSON, AN EMPLOYEE OF THE DEPARTMENT OF LABOR, ASKS OUR DECISION WHETHER THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.

THE AMOUNT REPRESENTS SUBSISTENCE AND TRANSPORTATION EXPENSES STATED TO HAVE BEEN INCURRED BY MR. ANDERSON UNDER SECTIONS 2.2 AND 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966, ON BEHALF OF THE MOTHER OF HIS FORMER WIFE, INCIDENT TO THE TRANSFER OF HIS OFFICIAL STATION TO WASHINGTON, D.C.

THE ISSUE RAISED BY YOUR LETTER IS WHETHER THE PARENT OF A FORMER SPOUSE- -- THE MARRIAGE HAVING BEEN TERMINATED BY DIVORCE IN 1957 AND THE PARENT HAVING BECOME A MEMBER OF THE EMPLOYEE'S HOUSEHOLD IN 1966- - IS A MEMBER OF THE IMMEDIATE FAMILY AS THAT TERM IS DEFINED IN SECTION 1.2D OF THE ABOVE-CITED CIRCULAR.

SO FAR AS HERE PERTINENT, THE DEFINITION READS:

"IMMEDIATE FAMILY MEANS ANY OF THE FOLLOWING NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD AT THE TIME HE REPORTS FOR DUTY AT HIS NEW PERMANENT DUTY STATION: * * * DEPENDENT PARENTS OF THE EMPLOYEE AND OF THE EMPLOYEE'S SPOUSE.'

IN WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY THE WORD "SPOUSE" IS DEFINED "AS A MAN OR WOMAN JOINED IN WEDLOCK.' ALSO, SEE WORDS AND PHRASES, SPOUSE---

"1. LEGAL AS WELL AS ORDINARY MEANING OF "SPOUSE" IS ONE'S WIFE OR HUSBAND. HARRIS V. LUMBERMAN'S MUT.CAS.CO., 48 SO.2D 728, 731.

"2. AN EXISTING LEGAL MARRIAGE ARISING FROM LAWFUL WEDLOCK IS AN ESSENTIAL ELEMENT OF THE STATUS OF BEING A "SPOUSE.' HARLEYSVILLE MUT.CAS.INS.CO. V. CARROLL, 123 A.2D 128, 131, 132.'

IN THE LIGHT OF THE FOREGOING DEFINITIONS WE ARE REQUIRED TO CONCLUDE THAT MR. ANDERSON HAD NO SPOUSE WITHIN THE CONTEMPLATION OF THE TERM "IMMEDIATE FAMILY" AS DEFINED IN SECTION 1.2 OF THE CIRCULAR. CONSEQUENTLY HIS FORMER SPOUSE'S MOTHER WOULD NOT BE COVERED BY THE REGULATION.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.