B-165495, DEC. 23, 1968

B-165495: Dec 23, 1968

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SINCE THE PERTINENT FACTS OF THE CASE WERE SET FORTH IN THE GENERAL COUNSEL'S LETTER OF JULY 23. THE PAYMENT TO DAVID WILDER WAS MADE PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE. WILDER BE AND IS HEREBY PRESUMED AND CONSIDERED DEAD.'. THAT COURT ORDER WAS ISSUED IN CONFORMITY WITH SECTIONS 64.1-105 AND 64.1-107 TO 64.1-112 OF THE VIRGINIA CODE. OUR OFFICE WILL TAKE NO FURTHER ACTION TO RECOUP THE AMOUNT IN QUESTION FROM DAVID M.

B-165495, DEC. 23, 1968

TO MR. MACY:

ON JULY 23, 1968, YOUR GENERAL COUNSEL SUBMITTED TO OUR OFFICE FOR CONSIDERATION AND COLLECTION THE INDEBTEDNESS OF DAVID M. WILDER RESULTING FROM THE PAYMENT TO HIM OF $2,235.23 FROM THE CIVIL SERVICE RETIREMENT FUND ON ACCOUNT OF THE PRESUMED DEATH OF HIS FATHER, LONNIE M. WILDER. SINCE THE PERTINENT FACTS OF THE CASE WERE SET FORTH IN THE GENERAL COUNSEL'S LETTER OF JULY 23, WE SHALL NOT REPEAT THEM HERE.

THE PAYMENT TO DAVID WILDER WAS MADE PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE, VIRGINIA, WHICH ADJUDGED THAT "LONNIE M. WILDER BE AND IS HEREBY PRESUMED AND CONSIDERED DEAD.' THAT COURT ORDER WAS ISSUED IN CONFORMITY WITH SECTIONS 64.1-105 AND 64.1-107 TO 64.1-112 OF THE VIRGINIA CODE. UNDER SUCH CIRCUMSTANCES WE DO NOT REGARD THE PAYMENT OF DEATH BENEFITS TO DAVID WILDER AS BEING AN ERRONEOUS PAYMENT. THEREFORE, OUR OFFICE WILL TAKE NO FURTHER ACTION TO RECOUP THE AMOUNT IN QUESTION FROM DAVID M. WILDER.