B-146090, JUN. 7, 1962

B-146090, JUN. 7, 1962

TO THE SECRETARY OF STATE:

THIS REFERS TO LETTER OF MAY 22, 1962, WITH ENCLOSURE, FROM THE ASSISTANT SECRETARY OF STATE ASKING WHETHER OUR OFFICE SEES ANY OBJECTION TO THE DEPARTMENT OF STATE'S MAKING FUTURE RETIREMENT PAYMENTS TO MR. WARNER IN CONFORMITY WITH THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF CARLOS J. WARNER V. UNITED STATES, CT.CL. NO. 220-61, DECIDED APRIL 4, 1962.

IN THE WARNER CASE THE PLAINTIFF, A RETIRED FOREIGN SERVICE OFFICER, ELECTED TO RECEIVE A REDUCED ANNUITY UNDER SECTION 821 (B) OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1020, 22 U.S.C. 1076 (B), TO PROVIDE FOR AN ANNUITY FOR HIS WIFE SHOULD HE PREDECEASE HER AND TO INCREASE HIS ANNUITY SHOULD HIS WIFE PREDECEASE HIM. SUBSEQUENT TO THE PLAINTIFF'S RETIREMENT HIS MARRIAGE WAS TERMINATED BY AN ABSOLUTE DIVORCE. THE COURT ORDER WOULD RESTORE THE FULL ANNUITY OF THE PLAINTIFF FROM THE DATE OF THE DIVORCE THE SAME AS IF HIS WIFE HAD PREDECEASED HIM.

IN OUR REPORT TO THE DEPARTMENT OF JUSTICE ON APRIL 19, 1962, CONCERNING THE DESIRABILITY OF FURTHER JUDICIAL ACTION IN THE WARNER CASE, WE SAID THAT WE DID NOT VIEW THE COURT'S DETERMINATION AS WHOLLY WITHOUT MERIT AND THEREFORE, DID NOT RECOMMEND FURTHER ACTION. IF THE DEPARTMENT OF JUSTICE, WHICH HAS JURISDICTION IN SUCH MATTERS, DECIDES TO TAKE NO FURTHER ACTION--- THE TIME FOR WHICH HAS NOT YET EXPIRED--- WE HAVE NO OBJECTION TO YOUR DEPARTMENT'S MAKING RETIREMENT PAYMENTS TO MR. WARNER FOR PERIODS SUBSEQUENT TO APRIL 3, 1962, TO ACCORD WITH THE COURT'S DECISION OF APRIL 4, 1962, REGARDING PRIOR PAYMENTS.