B-144824, APR. 5, 1961
Highlights
REGARDING THE STATUS OF ELEANORE WE DO NOT QUESTION THAT SHE IS THE ILLEGITIMATE DAUGHTER OF THE DECEDENT. IS DEPENDENT UPON THE RIGHT OF SUCH CHILD TO INHERIT FROM THE DECEASED UNDER THE LAWS OF HIS DOMICILE. 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. ALBERT RESIDED IN GERMANY FOR A NUMBER OF YEARS PRIOR TO HIS DEATH AND AT THE TIME OF HIS DEATH IS NOT SUFFICIENT TO ESTABLISH HIS DOMICILE THERE BECAUSE DOMICILE IS NOT NECESSARILY THE SAME AS RESIDENCE. SINCE AN INDIVIDUAL'S DOMICILE IS THAT PLACE WHERE AN INDIVIDUAL INTENDS TO REMAIN PERMANENTLY.
B-144824, APR. 5, 1961
TO DR. H. WILLENBACHER:
WE REFER TO YOUR LETTER OF MARCH 10, 1961, WRITTEN AS LEGAL COUNSEL FOR MRS. LISA DANNROTH, REGARDING HER CLAIM ON BEHALF OF HER MINOR DAUGHTER, ELEANORE GISELA DANNROTH, FOR THE COMPENSATION DUE ERIC P. ALBERT, A FORMER EMPLOYEE OF THE UNITED STATES ARMY GENERAL DEPOT, KAISERSLAUTERN, GERMANY, AT THE TIME OF HIS DEATH.
REGARDING THE STATUS OF ELEANORE WE DO NOT QUESTION THAT SHE IS THE ILLEGITIMATE DAUGHTER OF THE DECEDENT.
THE RIGHT OF AN ILLEGITIMATE CHILD TO THE AMOUNT DUE A DECEASED EMPLOYEE UNDER THE ACT OF AUGUST 3, 1950, 64 STAT. 395, AS AMENDED, 5 U.S.C. 61F, IS DEPENDENT UPON THE RIGHT OF SUCH CHILD TO INHERIT FROM THE DECEASED UNDER THE LAWS OF HIS DOMICILE. FOR YOUR CONVENIENCE WE QUOTE 5 U.S.C. 61F:
"IN ORDER TO FACILITATE THE SETTLEMENT OF THE ACCOUNTS OF DECEASED CIVILIAN OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT AND OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA (INCLUDING WHOLLY OWNED AND MIXED- OWNERSHIP GOVERNMENT CORPORATION) 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;
"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 REPRESENTATIVE 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 FACT THAT MR. ALBERT RESIDED IN GERMANY FOR A NUMBER OF YEARS PRIOR TO HIS DEATH AND AT THE TIME OF HIS DEATH IS NOT SUFFICIENT TO ESTABLISH HIS DOMICILE THERE BECAUSE DOMICILE IS NOT NECESSARILY THE SAME AS RESIDENCE. SINCE AN INDIVIDUAL'S DOMICILE IS THAT PLACE WHERE AN INDIVIDUAL INTENDS TO REMAIN PERMANENTLY, GOVERNMENT EMPLOYEES WHO ARE STATIONED ABROAD GENERALLY DO NOT ACQUIRE A DOMICILE ABROAD. IN THAT CONNECTION WE NOTE THAT THE LEGAL RESIDENCE OF THE DECEDENT WAS MICHIGAN AT THE TIME OF HIS DEATH.
WE HAVE BEEN INFORMED THAT SECTION 1924 OF THE GERMAN CIVIL CODE PRECLUDES INHERITANCE BY AN ILLEGITIMATE CHILD FROM ITS NATURAL FATHER. IN VIEW OF THAT PROVISION WE SEE NO WAY BY WHICH WE COULD PROPERLY ALLOW THE CLAIM IN QUESTION EVEN IF IT WERE SHOWN THAT MR. ALBERT WAS DOMICILED IN ..END :