B-130615, AUG. 2, 1957

B-130615, AUG. 2, 1957

TO MR. HUBERT KEELING:

ON MAY 23, 1957, WE RECEIVED YOUR UNDATED LETTER CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES ARISING OUT OF THE PAYMENT TO YOU OF THE UNPAID COMPENSATION DUE MAE E. MARSHALL, A DECEASED EMPLOYEE OF THE TREASURY DEPARTMENT. WE WILL REGARD YOUR LETTER AS A REQUEST FOR REVIEW OF THE MATTER.

PAYMENT OF THE ENTIRE AMOUNT OF UNPAID COMPENSATION DUE THE DECEDENT WAS MADE TO YOU AS FATHER OF MAE MARSHALL, ON THE BASIS OF A CLAIM FILED BY YOU AND GERTRUDE EVANS, DATED DECEMBER 17, 1956, IN WHICH IT IS REPRESENTED THAT YOU ARE THE DECEDENT'S FATHER AND THAT GERTRUDE EVANS IS HER AUNT. BY LETTER OF MARCH 7, 1957, GERTRUDE EVANS TRANSMITTED A COPY OF THE BIRTH REGISTRATION OF ONE HANNA MAE ELIZABETH MARSHALL, SHOWING HER FATHER TO BE ONE JOHN MARSHALL. WE ADVISED YOU ON MAY 13, 1957, THAT EVIDENCE RECEIVED IN OUR OFFICE DISCLOSED THAT JOHN MARSHALL WAS THE REAL FATHER OF MAE MARSHALL AND THAT YOU WERE NOT MARRIED TO ALICE MARSHALL, HER MOTHER. WE FURTHER ADVISED YOU THAT UNLESS A REFUND OF THE ENTIRE AMOUNT, OR A DEFINITE PLAN OF REPAYMENT ACCOMPANIED BY A REASONABLE REMITTANCE, WAS RECEIVED IN OUR OFFICE WITHIN 30 DAYS FROM THAT DATE THE MATTER WOULD BE REFERRED TO THE DEPARTMENT OF JUSTICE. IN YOUR REPLY YOU SAY THAT YOU ARE THE REAL FATHER OF MAE MARSHALL, AND THAT SHE WAS CONCEIVED FIVE MONTHS BEFORE ALICE HANDY, HER MOTHER, MOVED TO CURTIS, COLORADO, AND THERE MET AND MARRIED THE JOHN MARSHALL LISTED ON THE REGISTRATION AS HER FATHER. YOU FURTHER SAY THAT FOR 39 YEARS, AFTER ALICE AND JOHN MARSHALL WERE DIVORCED, YOU CONTRIBUTED TO MAE MARSHALL'S SUPPORT AND FINANCIAL NEEDS AND WERE KNOWN BY HER AND ALL THE PUBLIC AS HER FATHER. YOU SUBMITTED WITH YOUR LETTER A STANDARD FORM NO. 2808, DESIGNATION OF BENEFICIARY, CIVIL SERVICE RETIREMENT SYSTEM, EXECUTED BY MAE MARSHALL ON SEPTEMBER 27, 1950, DESIGNATING YOU, AS FATHER, TO RECEIVE ONE-HALF OF ANY LUMP SUM BENEFIT WHICH MIGHT BECOME PAYABLE UNDER THE CIVIL SERVICE RETIREMENT ACT. HOWEVER, THAT DESIGNATION OF BENEFICIARY APPLIES ONLY TO THE BENEFITS SPECIFIED, AND DOES NOT CONTROL THE PAYMENT OF UNPAID COMPENSATION. MAE MARSHALL FAILED TO DESIGNATE A BENEFICIARY TO RECEIVE HER UNPAID COMPENSATION.

IN THE ABSENCE OF SUCH A DESIGNATION, SECTION 1 OF THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F, PROVIDES THAT UNPAID COMPENSATION SHALL BE PAID:

"SECOND * * * 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 REPRESENTATIVES 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.'

THE ACT CONTAINS NO SPECIFIC DEFINITION OF THE TERM "PARENT.' IT IS WELL ESTABLISHED UNDER OTHER FEDERAL STATUTES, HOWEVER, THAT A PUTATIVE OR ACTUAL FATHER WHO DURING THE LIFETIME OF THE DECEDENT DOES NOT BECOME HIS LAWFUL FATHER IS NOT ENTITLED, AS FATHER, TO PAYMENTS OR OTHER BENEFITS. SEE GIBBS V. THE UNITED STATES, 80 F.SUPP. 907, AND HOWARD V. THE UNITED STATES, 2 F.2D 170. WE ARE REQUIRED SIMILARLY TO CONSTRUE THE TERM "PARENTS" AS USED IN THE INSTANT ACT. WE CONCLUDE THAT UNDER 5 U.S.C. 61H, UNPAID COMPENSATION MAY BE PAID, IN OTHERWISE PROPER CASES, TO LAWFUL PARENTS ONLY.

ACCORDINGLY, SINCE IT APPEARS THAT YOU WERE NEVER MARRIED TO THE MOTHER OF MAE MARSHALL AND THAT YOU DID NOT, BY ADOPTION OR OTHERWISE, BECOME THE LAWFUL PARENT OF THE DECEDENT, YOU WERE NOT ENTITLED, AS HER LAWFUL FATHER, TO RECEIVE THE UNPAID COMPENSATION DUE HER. YOU WILL HAVE TO REFUND THE ENTIRE AMOUNT ERRONEOUSLY PAID YOU--- $1,302.09. IF YOU ARE UNABLE TO REFUND THE ENTIRE SUM AT ONE TIME, A PLAN TO PAY IT IN INSTALLMENTS MAY BE ARRANGED. YOU MUST LET US KNOW, WITHIN 30 DAYS FROM THE DATE OF THIS LETTER, WHAT ARRANGEMENT YOU CAN MAKE. YOUR REPLY SHOULD BE ACCOMPANIED BY A CHECK, DRAFT, OR MONEY ORDER, EITHER FOR THE ENTIRE SUM OR FOR A REASONABLY LARGE INSTALLMENT PAYMENT IN THE EVENT YOU CANNOT PAY THE ENTIRE SUM. SUCH REMITTANCE SHOULD BE MADE PAYABLE TO THE TREASURER OF THE UNITED STATES AND MAILED DIRECTLY TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, 441 G STREET, N.W., WASHINGTON 25, D.C., QUOTING THE CLAIM NUMBER Z 1814406.