B-149305, AUG. 27, 1962
Highlights
FAERBER: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 8. THE PAYMENT OF THE SIX-MONTHS' DEATH GRATUITY IS GOVERNED BY THE PROVISIONS OF 10 U.S.C. 1475-1480. SINCE NO PROVISION IS MADE FOR PAYMENT TO A REPRESENTATIVE OF THE ESTATE OF A DECEASED MEMBER. THERE IS NO AUTHORITY TO EFFECT PAYMENT IN THIS CASE TO FRED MOTIKA IN HIS CAPACITY AS ADMINISTRATOR OF THE ESTATE OF RALPH MOTIKA. IT IS PERTINENT TO POINT OUT THAT THERE IS ALSO DUE IN THIS CASE AN AMOUNT REPRESENTING PAY AND ALLOWANCES WHICH REMAINED UNPAID ON DATE OF THE OFFICER'S DEATH. DISTRIBUTION OF SUCH AMOUNT IS GOVERNED BY 10 U.S.C. 2771. SINCE THE RECORD DISCLOSES THAT THE DECEASED OFFICER IS SURVIVED BY BENEFICIARIES WHO UNDER THE LAW WOULD HAVE A PRIOR RIGHT TO PAYMENT OVER THE ADMINISTRATIVE.
B-149305, AUG. 27, 1962
TO MR. MATTHEW J. FAERBER:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 8, 1962, IN WHICH YOU STATE THAT YOU REPRESENT THE ESTATE OF LIEUTENANT RALPH MOTIKA, SR., USN, DECEASED, AND REQUEST THAT WE CONSIDER THE MATTER OF PAYMENT OF THE SIX- MONTHS' DEATH GRATUITY TO FRED MOTIKA, THE ADMINISTRATOR OF THE ESTATE, IN ORDER THAT THE FUNDS MAY BE DISTRIBUTED UNDER THE CONTROL OF THE PROBATE COURT FOR THE BENEFIT OF THE DECEASED OFFICER'S DESTITUTE MINOR CHILDREN.
THE PAYMENT OF THE SIX-MONTHS' DEATH GRATUITY IS GOVERNED BY THE PROVISIONS OF 10 U.S.C. 1475-1480. SECTION 1477 OF TITLE 10 U.S.C., PROVIDES FOR PAYMENT OF THE GRATUITY TO CERTAIN PERSONS IN THE ORDER OF PRECEDENCE AND UNDER THE CIRCUMSTANCES THERE PRESCRIBED. SINCE NO PROVISION IS MADE FOR PAYMENT TO A REPRESENTATIVE OF THE ESTATE OF A DECEASED MEMBER, THERE IS NO AUTHORITY TO EFFECT PAYMENT IN THIS CASE TO FRED MOTIKA IN HIS CAPACITY AS ADMINISTRATOR OF THE ESTATE OF RALPH MOTIKA, SR., DECEASED.
IT IS PERTINENT TO POINT OUT THAT THERE IS ALSO DUE IN THIS CASE AN AMOUNT REPRESENTING PAY AND ALLOWANCES WHICH REMAINED UNPAID ON DATE OF THE OFFICER'S DEATH, FEBRUARY 28, 1962. DISTRIBUTION OF SUCH AMOUNT IS GOVERNED BY 10 U.S.C. 2771. THAT SECTION OF LAW PROVIDES THAT IF THERE BE NO DESIGNATED BENEFICIARY, SPOUSE, CHILDREN OR THEIR DESCENDANTS, OR PARENT, TO RECEIVE THE AMOUNT DUE THE DECEASED MEMBER, PAYMENT SHALL BE MADE TO THE LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEDENT, OR, IF THERE BE NONE, TO THE PERSON ENTITLED UNDER THE LAW OF THE DOMICILE OF THE DECEASED MEMBER. SINCE THE RECORD DISCLOSES THAT THE DECEASED OFFICER IS SURVIVED BY BENEFICIARIES WHO UNDER THE LAW WOULD HAVE A PRIOR RIGHT TO PAYMENT OVER THE ADMINISTRATIVE, NO LEGAL BASIS EXISTS FOR EFFECTING PAYMENT OF THE ARREARS OF PAY AND ALLOWANCES TO FRED MOTIKA.
ACTION ON THE CLAIM OF MRS. DOROTHY M. MOTIKA, THE SURVIVING WIDOW, FOR THE ARREARS OF PAY AND ALLOWANCES AND THE SIX-MONTHS' DEATH GRATUITY IS BEING HELD IN ABEYANCE PENDING THE DISPOSITION OF THE CRIMINAL CHARGES NOW STANDING AGAINST HER. YOU STATE THAT ON JUNE 26, 1962, THE HEARING ON SUCH CHARGES WAS CONTINUED TO THE NEXT SESSION OF THE SUPERIOR COURT, NEWPORT COUNTY, STATE OF RHODE ISLAND, ON SEPTEMBER 10, 1962, AND THAT WHEN SUCH CHARGES ARE DISPOSED OF YOU WILL FORWARD THE "CERTIFIED COPIES OF ALL COURT RULINGS AND/OR DOCKET ENTRIES" RELATING TO THIS MATTER. PROMPT CONSIDERATION WILL BE GIVEN MRS. MOTIKA'S CLAIM UPON RECEIPT OF SUCH INFORMATION.