Claim for Renewal of Discontinued Annuity Payments

A widow of a retired deceased Army Sergeant requested reconsideration of a prior decision which sustained the denial of a claim for the renewal of discontinued annuity payments. When the Army member retired in 1946, he chose to provide an annuity for his spouse at the time of his death (1956). An annuity was established payable to Frances Jackson; however, the annuity was dicontinued in 1959 when the Army received information casting doubt on the status of Mrs. Frances Jackson as the lawful wife. Nothing further was cited nor was a certificate of marriage presented on the alleged prior marriage of the Sergeant to an Eleanor Jackson. In view of a possible prior marriage, GAO could not affirmatively determine that Frances Jackson was the lawful widow for purposes of her claimed annuity payments in the absence of a decree by a court of competent jurisdiction. An attorney for Mrs. Frances Jackson now avers that he researched and considered the jurisdictional authority of the courts of Virginia and the District of Columbia and that the research uncovered no evidence that the Army member was ever married to an Eleanor Jackson. In connection with the foregoing, GAO made inquiry to find supporting evidence of a marriage to Eleanor; all records indicated that no marriage to Eleanor existed and no claim has been received from her. Since there is no further doubt that Frances Jackson is the lawful widow, she is entitled to the resumption of payment of her annuity. Payment of arrears claimed is limited to only that amount accrued not more than 6 years before the claim was first received by GAO (1976).