Claim for Unpaid Retired Pay Due Member on Date of His Death

B-184314: Apr 20, 1976

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[Redacted] requested reconsideration of a settlement which disallowed her claim for the arrears of retired pay due her husband on the date of his death. The member had obtained a Nevada divorce in a proceeding in which the wife neither appeared nor was represented. Upon the member's death, partial payment of the retired pay was made to two of five children on the basis that there was no designated beneficiary and no spouse. It was later found that a New York Court had refused to recognize the Nevada divorce. The remaining unpaid pay may therefore be paid to the wife, but recovery of the amount paid to the children on the evidence then of record was barred.

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