B-154689, OCT. 26, 1964
Highlights
TO THE AIR FORCE ACCOUNTING AND FINANCE CENTER: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15. IN WHICH WE STATED THAT THE MATTER OF HER ENTITLEMENT IS TOO DOUBTFUL TO WARRANT PAYMENT TO HER OF THE ARREARS OF PAY AND SIX MONTHS' DEATH GRATUITY AND THAT SUCH PAYMENT MAY BE MADE ONLY PURSUANT TO A JUDICIAL DETERMINATION ESTABLISHING HER RIGHT THERETO. YOU THEREFORE REQUEST ADVICE AS TO WHETHER OUR OFFICE WILL ISSUE A SETTLEMENT ALLOWING THE ARREARS OF PAY AND THE SIX MONTHS' DEATH GRATUITY TO MRS. WHO WERE MEMBERS OF HIS HOUSEHOLD AT THE TIME OF HIS DEATH. 10 U.S.C. 2771 (A) LISTS THE ORDER OF PRECEDENCE IN WHICH PAYMENT SHALL BE MADE TO THE SURVIVORS OF A DECEDENT AND MAKES NO PROVISION FOR PAYMENT TO STEPCHILDREN IN THE EVENT THERE IS NO DESIGNATED BENEFICIARY OR SURVIVING SPOUSE ENTITLED TO PAYMENT.
B-154689, OCT. 26, 1964
TO THE AIR FORCE ACCOUNTING AND FINANCE CENTER:
REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1964, RELATIVE TO THE CASE OF COLONEL A. KRAMER, TECHNICAL SERGEANT, UNITED STATES AIR FORCE, WHO DIED FEBRUARY 8, 1964.
YOUR LETTER REFERS TO OUR SETTLEMENT DATED AUGUST 31, 1964, TO MRS. MARIE F. FRAMER, WIDOW OF THE LATE MEMBER, IN WHICH WE STATED THAT THE MATTER OF HER ENTITLEMENT IS TOO DOUBTFUL TO WARRANT PAYMENT TO HER OF THE ARREARS OF PAY AND SIX MONTHS' DEATH GRATUITY AND THAT SUCH PAYMENT MAY BE MADE ONLY PURSUANT TO A JUDICIAL DETERMINATION ESTABLISHING HER RIGHT THERETO. YOU THEREFORE REQUEST ADVICE AS TO WHETHER OUR OFFICE WILL ISSUE A SETTLEMENT ALLOWING THE ARREARS OF PAY AND THE SIX MONTHS' DEATH GRATUITY TO MRS. KRAMER AS LEGAL GUARDIAN OF THE THREE MINOR STEPCHILDREN OF THE DECEASED MEMBER, WHO WERE MEMBERS OF HIS HOUSEHOLD AT THE TIME OF HIS DEATH.
WITH RESPECT TO ENTITLEMENT TO ARREARS OF PAY DUE THE DECEASED MEMBER, 10 U.S.C. 2771 (A) LISTS THE ORDER OF PRECEDENCE IN WHICH PAYMENT SHALL BE MADE TO THE SURVIVORS OF A DECEDENT AND MAKES NO PROVISION FOR PAYMENT TO STEPCHILDREN IN THE EVENT THERE IS NO DESIGNATED BENEFICIARY OR SURVIVING SPOUSE ENTITLED TO PAYMENT. WITH REGARD TO THE SIX MONTHS' DEATH GRATUITY, SINCE IT APPEARS THAT THE THREE MINOR STEPCHILDREN WERE MEMBERS OF THE DECEDENT'S HOUSEHOLD AT THE TIME OF HIS DEATH, IN THE EVENT OF THE INELIGIBILITY OF THE WIDOW CONSIDERATION COULD BE GIVEN TO A CLAIM PRESENTED ON THEIR BEHALF BY THEIR LEGAL GUARDIAN, IN VIEW OF THE PROVISIONS OF 10 U.S.C. 1477 RELATIVE TO STEPCHILDREN. SINCE, HOWEVER, MRS. KRAMER AS SURVIVING WIDOW TAKES PRECEDENCE FOR BOTH THE ARREARS OF PAY AND THE GRATUITY UNLESS SHE IS PRECLUDED FROM RECEIVING SUCH AMOUNTS BY REASON OF THE CIRCUMSTANCES UNDER WHICH SERGEANT KRAMER'S DEATH OCCURRED, NO PAYMENT MAY BE MADE TO ANYONE UNTIL SUCH TIME AS A DEFINITE DETERMINATION IS MADE WITH RESPECT TO HER ENTITLEMENT. IN THIS CONNECTION SEE THE ENCLOSED COPY OF DECISION OF TODAY, B-154689, TO MRS. KRAMER.