B-195603 OM, NOV 13, 1979
Highlights
PRECIS-UNAVAILABLE GENERAL COUNSEL: WE ARE FORWARDING THE CLAIM OF BETTY J. KILEY WAS CONVICTED OF MANSLAUGHTER AND SENTENCED TO CONFINEMENT FOR 15 YEARS BY THE CIRCUIT COURT. THE MEMBER IS ALSO SURVIVED BY FOUR CHILDREN. THE MATTER IS FORWARDED FOR YOUR CONSIDERATION. WAS CONVICTED OF MANSLAUGHTER FOR SLAYING HER HUSBAND AND SENTENCED TO 15 YEARS' CONFINEMENT. MANSLAUGHTER IS "THE KILLING OF A HUMAN BEING BY THE ACT. AS THE RECORD BEFORE US IS DEVOID OF ANY EVIDENCE ESTABLISHING THE CLAIMANT'S LACK OF FELONIOUS INTENT.
B-195603 OM, NOV 13, 1979
PRECIS-UNAVAILABLE
GENERAL COUNSEL:
WE ARE FORWARDING THE CLAIM OF BETTY J. KILEY, AS WIDOW, FOR PAY AND ALLOWANCES AND SURVIVOR BENEFIT PLAN (SBP) ANNUITY DUE INCIDENT TO THE DEATH OF THOMAS R. KILEY.
THE RECORD SHOWS THAT THE DEATH OF MR. KILEY RESULTED FROM GUNSHOT WOUNDS INFLICTED BY MRS. KILEY. MRS. KILEY WAS CONVICTED OF MANSLAUGHTER AND SENTENCED TO CONFINEMENT FOR 15 YEARS BY THE CIRCUIT COURT, EIGHTEENTH JUDICIAL CIRCUIT, OF FLORIDA. THE MEMBER IS ALSO SURVIVED BY FOUR CHILDREN.
SINCE THE RECORD FAILS TO ESTABLISH THE ABSENCE OF FELONIOUS INTENT ON THE PART OF THE CLAIMANT IN CAUSING THE MEMBER'S DEATH, AND INVOLVES A CONTINUING PAYMENT, THE MATTER IS FORWARDED FOR YOUR CONSIDERATION.
INDORSEMENT
DIRECTOR, CLAIMS DIVISION
RETURNED. THE RECORD INDICATES THAT THE CLAIMANT, BETTY J. KILEY, WAS CONVICTED OF MANSLAUGHTER FOR SLAYING HER HUSBAND AND SENTENCED TO 15 YEARS' CONFINEMENT. UNDER FLORIDA LAW, MANSLAUGHTER IS "THE KILLING OF A HUMAN BEING BY THE ACT, PROCUREMENT, OR CULPABLE NEGLIGENCE OF ANOTHER ***" FLA. STAT. ANN. SEC. 782.07 (WEST).
PAYMENT OF PAY ARREARAGES AND A SURVIVOR BENEFIT PLAN ANNUITY (SBP) MAY NOT BE MADE TO AN HEIR OR BENEFICIARY WHO FELONIOUSLY KILLS THE INDIVIDUAL UPON WHOSE DEATH THE AMOUNTS BECOME PAYABLE. 55 COMP.GEN. 1033 (1976); AND B-189674-O.M., JANUARY 4, 1978. AS THE RECORD BEFORE US IS DEVOID OF ANY EVIDENCE ESTABLISHING THE CLAIMANT'S LACK OF FELONIOUS INTENT, HER CLAIM MUST BE DENIED. SEE B-191953, JULY 3, 1978, AND B-188403, MAY 5, 1977. WE NOTE THAT THE VETERANS ADMINISTRATION (VA) HAS DENIED THE CLAIMANT ENTITLEMENT TO VA BENEFITS (I.E., INSURANCE ON THE DECEASED'S LIFE) WHICH NORMALLY ACCRUE TO THE WIDOW BECAUSE HER ACT BROUGHT ABOUT HIS DEATH.
WHILE MRS. KILEY MAY NOT RECEIVE THE ARREARAGES IN PAY AND THE SBP ANNUITY, THE CHILDREN OF THE DECEASED APPARENTLY WOULD BE ENTITLED TO THE ARREARAGES IN PAY (10 U.S.C. SEC. 2771(A) (1976)) AND SEVERAL OF THE CHILDREN APPEAR ELIGIBLE TO RECEIVE THE SBP ANNUITY (10 U.S.C. SEC. 1450 (1976), AS AMENDED BY PUBLIC LAW 95-397, TITLE II, SECS. 203, 207(B)(C), SEPTEMBER 30, 1978, 92 STAT. 845, 848). A GUARDIAN APPARENTLY HAS BEEN APPOINTED FOR THE MINOR CHILDREN WHO SHOULD BE CONTACTED IN REGARD TO PAYMENTS TO BE MADE TO THEM.