B-134435, DEC. 13, 1957
Highlights
YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT. UNPAID COMPENSATION DUE AN EMPLOYEE OF THE GOVERNMENT AT DATE OF DEATH IS REQUIRED TO BE PAID FIRST TO THE DESIGNATED BENEFICIARY. 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. THERE IS NO EVIDENCE IN THE RECORD THAT THE DESIGNATION WAS CANCELED. THE DESIGNATED BENEFICIARY WAS ENTITLED TO ALL AMOUNTS DUE THE DECEDENT UNDER THE ACT. WHILE IT MAY BE THAT THE DESIGNATION WAS MADE PRIOR TO YOUR MARRIAGE TO THE DECEDENT AND THAT HE MAY HAVE OVERLOOKED CHANGING THE DESIGNATION AFTER HIS MARRIAGE.
B-134435, DEC. 13, 1957
TO MRS. PATRICIA A. LEYVA:
ON NOVEMBER 4, 1957, YOU REQUESTED REVIEW OF OUR SETTLEMENT CERTIFICATE DATED OCTOBER 28, 1957, WHICH DISALLOWED YOUR CLAIM AS WIDOW OF IRINEO D. LEYVA FOR COMPENSATION DUE HIM AT DATE OF DEATH AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, SHARPE GENERAL DEPOT, LATHROP, CALIFORNIA.
YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT, UNDER THE ACT OF AUGUST 3, 1950, 64 STAT. 395, UNPAID COMPENSATION DUE AN EMPLOYEE OF THE GOVERNMENT AT DATE OF DEATH IS REQUIRED TO BE PAID FIRST TO THE DESIGNATED BENEFICIARY. THAT ACT 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 OF 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, AND DESCENDANTS OF DECEASED CHILDREN, BY REPRESENTATION; * * *.'
THE RECORD SHOWS THE DECEDENT DESIGNATED MRS. DOROTHY WITTHAR TO RECEIVE ALL AMOUNTS DUE HIM UNDER THE PROVISIONS OF THE ABOVE-QUOTED ACT. THERE IS NO EVIDENCE IN THE RECORD THAT THE DESIGNATION WAS CANCELED. THEREFORE, THE DESIGNATED BENEFICIARY WAS ENTITLED TO ALL AMOUNTS DUE THE DECEDENT UNDER THE ACT. WHILE IT MAY BE THAT THE DESIGNATION WAS MADE PRIOR TO YOUR MARRIAGE TO THE DECEDENT AND THAT HE MAY HAVE OVERLOOKED CHANGING THE DESIGNATION AFTER HIS MARRIAGE, THESE FACTS DO NOT AFFORD A LEGAL BASIS UPON WHICH YOUR CLAIM MAY BE ALLOWED. ALSO, THE FACT THAT CHILDREN WERE BORN OF SUCH MARRIAGE DOES NOT AFFECT THE REQUIREMENT OF THE STATUTE THAT A DESIGNATED BENEFICIARY BE PAID FIRST. MOREOVER, WHETHER OR NOT MRS. DOROTHY WITTHAR HAS REMARRIED DOES NOT AFFECT HER ENTITLEMENT AS BENEFICIARY DESIGNATED BY YOUR HUSBAND.
THE SETTLEMENT OF OCTOBER 28, 1957, THEREFORE APPEARS CORRECT AND IS SUSTAINED.
YOU ARE ALSO ADVISED THAT ON OCTOBER 25, 1957, THE COMPENSATION DUE IN THE CASE OF YOUR DECEASED HUSBAND WAS AUTHORIZED TO BE PAID TO MRS. WITTHAR AND NO FURTHER COMPENSATION APPEARS DUE FROM THE UNITED STATES.