B-85611, MAY 26, 1961

B-85611, MAY 26, 1961

TO MRS. LOUISE DAUTERMAN:

YOUR LETTER OF MAY 4, 1961, AND THE ENCLOSURES CONCERN YOUR CLAIM FOR PAYMENT OF ANNUAL LEAVE CREDIT OF YOUR BROTHER, EMIL BENJAMIN SCHEIBEL, ON MAY 18, 1945, THE DATE OF HIS DEATH AT YPSILANTI, MICHIGAN, AS AN EMPLOYEE OF THE FEDERAL PUBLIC HOUSING AUTHORITY.

WE HERETOFORE HAVE INFORMED YOU THAT YOUR CLAIM WAS DISALLOWED BECAUSE UNDER THE LUMP-SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944, 58 STAT. 845, PAYMENT CAN BE MADE ONLY TO THE BENEFICIARY DESIGNATED BY THE EMPLOYEE TO RECEIVE ANY REFUND OF THE AMOUNT TO HIS CREDIT IN THE CIVIL SERVICE RETIREMENT FUND. THE RECORD SHOWS THAT YOUR BROTHER DESIGNATED HIS WIFE, GRAYCE CANFIELD SCHEIBEL (SUBSEQUENTLY DIVORCED), AS THE BENEFICIARY OF THE REFUND.

THE DESIGNATION OF A BENEFICIARY UNDER THE CIVIL SERVICE RETIREMENT ACT, WHICH CONTROLS THE LUMP-SUM LEAVE PAYMENT, MAY BE REVOKED ONLY BY THE EXPRESS ACTION OF THE EMPLOYEE. THE RIGHT OF THE DESIGNATED BENEFICIARY IS NOT AFFECTED BY DIVORCE OR ANY AGREEMENTS FOR WAIVER OF DOWER RIGHTS.

IN THE CIRCUMSTANCES THERE IS NO FURTHER ACTION FOR OUR OFFICE TO TAKE CONCERNING YOUR CLAIM.

WE ARE RETURNING HEREWITH THE COPY OF THE DECREE OF DIVORCE WHICH ACCOMPANIED YOUR LETTER.