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B-126699, JUN. 6, 1956

B-126699 Jun 06, 1956
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ATTORNEY AT LAW: REFERENCE IS MADE TO YOUR RECENT LETTERS ADDRESSED TO THE CLAIMS DIVISION OF OUR OFFICE CONCERNING THE CLAIM OF OLIVIA PASSANANDO. SAMO WAS NOT LEGALLY DIVORCED FROM HER FIRST HUSBAND. THAT IS. CLAIM IS MADE APPARENTLY BY THE LEGAL GUARDIAN OF JANET SAMO. TO THE INSURANCE MONEYS DUE IN HIS CASE ALREADY HAS BEEN ESTABLISHED AND THAT THESE FUNDS HAVE BEEN PAID TO HER GUARDIAN. UNDER WHICH FINAL COMPENSATION IS PAID PROVIDES. TO THE BENEFICIARY OR BENEFICIARIES DESIGNATED BY THE OFFICER OR EMPLOYEE IN WRITING TO RECEIVE SUCH COMPENSATION FILED WITH THE GOVERNMENT AGENCY IN WHICH THE OFFICER OR EMPLOYEE WAS EMPLOYED AT THE TIME OF HIS DEATH. REFERRED TO IN THE DOCUMENTS TRANSMITTED WITH YOUR LETTER ARE ONE AND THE SAME PERSON.

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B-126699, JUN. 6, 1956

TO MR. WILLIAM H. MCPHERSON, ATTORNEY AT LAW:

REFERENCE IS MADE TO YOUR RECENT LETTERS ADDRESSED TO THE CLAIMS DIVISION OF OUR OFFICE CONCERNING THE CLAIM OF OLIVIA PASSANANDO, AS GUARDIAN OF JANET SAMO, MINOR DAUGHTER OF LOUIE SAMO, DECEASED, FOR COMPENSATION DUE THE DECEDENT ON DATE OF HIS DEATH AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, TRAVIS AIR FORCE BASE, CALIFORNIA.

WITH YOUR LETTER OF DECEMBER 19, 1955, YOU ENCLOSED A COPY OF THE CERTIFICATE OF MARRIAGE OF LOUIS SAMO AND JOSEPHINE SILVA ON NOVEMBER 8, 1952, AND, ALSO, A CERTIFIED COPY OF A FINAL JUDGMENT OF DIVORCE ISSUED IN THE CASE OF JOSEPHINE GARRISON V. NEWELL M. GARRISON, CASE NO. 25768, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SOLANO, DEPARTMENT NO. 1, WHICH YOU STATE SHOWS THAT JOSEPHINE C. SAMO WAS NOT LEGALLY DIVORCED FROM HER FIRST HUSBAND, NEWELL M. GARRISON, UNTIL SEPTEMBER 18, 1953, THAT IS, SUBSEQUENT TO HER REMARRIAGE TO THE DECEASED EMPLOYEE. UPON THE BASIS OF THE INFORMATION CONTAINED IN THOSE DOCUMENTS, CLAIM IS MADE APPARENTLY BY THE LEGAL GUARDIAN OF JANET SAMO, THE DECEDENT'S MINOR DAUGHTER BY A FORMER MARRIAGE, FOR THE AMOUNT ALLOWED JOSEPHINE C. SAMO. ALSO, YOU STATE THAT THE RIGHT OF JANET SAMO TO THE EMPLOYEE'S ANNUITY BENEFITS UNDER THE CIVIL SERVICE RETIREMENT ACT, AS AMENDED, AND TO THE INSURANCE MONEYS DUE IN HIS CASE ALREADY HAS BEEN ESTABLISHED AND THAT THESE FUNDS HAVE BEEN PAID TO HER GUARDIAN, OLIVIA PASSANANDO.

THE ACT OF AUGUST 3, 1950, 64 STAT. 395, UNDER WHICH FINAL COMPENSATION IS PAID PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"THAT IN ORDER TO FACILITATE THE SETTLEMENT OF THE ACCOUNTS OF DECEASED CIVILIAN OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT * * * ALL UNPAID COMPENSATION DUE SUCH AN OFFICER OR EMPLOYEE AT THE TIME OF HIS DEATH SHALL BE PAID TO THE PERSON OR PERSONS SURVIVING AT THE DATE OF DEATH, IN THE FOLLOWING ORDER OR PRECEDENCE, AND SUCH PAYMENT SHALL BE A BAR TO RECOVERY BY ANY OTHER PERSON OF AMOUNTS SO PAID:

"FIRST, TO THE BENEFICIARY OR BENEFICIARIES DESIGNATED BY THE OFFICER OR EMPLOYEE IN WRITING TO RECEIVE SUCH COMPENSATION FILED WITH THE GOVERNMENT AGENCY IN WHICH THE OFFICER OR EMPLOYEE WAS EMPLOYED AT THE TIME OF HIS DEATH, AND RECEIVED BY SUCH AGENCY PRIOR TO THE OFFICER'S OR EMPLOYEE'S DEATH;

"SECOND, IF THERE BE NO SUCH BENEFICIARY, 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 * * *; "

THE INFORMATION FURNISHED WITH YOUR LETTER CASTS SUFFICIENT DOUBT ON THE CORRECTNESS OF THE SETTLEMENT EFFECTED WITH JOSEPHINE C. SAMO AS TO WARRANT FURTHER CONSIDERATION OF THE CLAIM OF THE GUARDIAN OF JANET SAMO, MINOR. THE RECORD BEFORE US IN THAT REGARD, HOWEVER, WOULD APPEAR TO REQUIRE SUPPLEMENTAL EVIDENCE THAT JOSEPHINE GARRISON, JOSEPHINE SILVA AND JOSEPHINE C. SAMO, REFERRED TO IN THE DOCUMENTS TRANSMITTED WITH YOUR LETTER ARE ONE AND THE SAME PERSON. ALSO, EVIDENCE SHOWING WHETHER THE MOTHER OF JANET SAMO WAS DIVORCED FROM OR PREDECEASED THE EMPLOYEE, LOUIE SAMO, SHOULD BE FURNISHED.

UPON THE RECEIPT OF THE REQUESTED EVIDENCE, ACCOMPANIED BY A CLAIM OVER THE SIGNATURE OF THE GUARDIAN OF THE MINOR CHILD OF DECEDENT, THE MATTER WILL BE GIVEN FURTHER CONSIDERATION BY OUR OFFICE. IF YOU ARE TO REPRESENT THE GUARDIAN IN THIS MATTER A POWER OF ATTORNEY FROM THE GUARDIAN SO PROVIDING SHOULD BE FURNISHED.

WE WOULD APPRECIATE BEING ADVISED OF THE CURRENT ADDRESS OF JOSEPHINE C. SAMO.

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