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WHICH WAS WITHHELD FROM GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MAY 25. YOU SAY THERE IS NO CONCRETE EVIDENCE THAT THE DECEDENT EVER HAD A SON. FOREIGN AT THE ABOVE ADDRESS WAS RETURNED BY THE POSTAL AUTHORITIES WITH THE NOTATION THAT SHE HAD MOVED LEAVING NO FORWARDING ADDRESS. PROVIDES THAT CHILDREN OF A DECEASED EMPLOYEE ARE ENTITLED TO EQUAL SHARES OF THE UNPAID COMPENSATION WHEN NO PERSON IN THE PRIOR ORDER OF PRECEDENCE SURVIVES. VIEW OF THE EVIDENCE OF RECORD OUR OFFICE HAS NO ALTERNATIVE BUT TO WITHHOLD SETTLEMENT OF THE BALANCE OF THE COMPENSATION DUE THE DECEDENT PENDING RECEIPT OF A CLAIM FOR OR IN BEHALF OF THE SON OR OF PROOF THAT HE WAS SURVIVED BY NO OTHER CHILD THAN SANDRA LEE LOHRMAN.

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B-148593, APR. 20, 1962

TO OLSON AND CALDERWOOD:

YOUR LETTERS OF FEBRUARY 15 AND MARCH 15, 1962, REQUEST ADVICE AS TO YOUR COURSE OF ACTION IN ORDER TO SECURE THE RELEASE OF THE ONE-HALF PART OF THE COMPENSATION DUE LEO LOHRMAN, DECEASED, WHICH WAS WITHHELD FROM GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MAY 25, 1960, IN FAVOR OF DORENE NIELSON, AS THE LEGAL GUARDIAN OF SANDRA LEE LOHRMAN, MINOR DAUGHTER OF THE DECEDENT. IN EFFECT YOU ASK THAT THE ABOVE SETTLEMENT BE RECONSIDERED.

YOU SAY THERE IS NO CONCRETE EVIDENCE THAT THE DECEDENT EVER HAD A SON--- THAT A RUMOR HAS BEEN ENOUGH TO SUPPORT OUR WITHHOLDING THE BALANCE OF THE PAYMENT TO THE DAUGHTER. THE RECORD HERE INCLUDES A LETTER DATED JULY 15, 1959, FROM MARYBELLE L. FOREIGN, 1122 STANFORD STREET, SANTA MONICA, CALIFORNIA, SISTER OF THE DECEDENT, ADVISING US THAT "LEO LOHRMAN, DECEASED, CIVILIAN SERVICE EMPLOYEE HAS A SON.' HOWEVER, A RECENT LETTER SENT BY US TO MRS. FOREIGN AT THE ABOVE ADDRESS WAS RETURNED BY THE POSTAL AUTHORITIES WITH THE NOTATION THAT SHE HAD MOVED LEAVING NO FORWARDING ADDRESS.

THE ACT OF AUGUST 3, 1950, AS AMENDED, 5 U.S.C. 61F-61K, PROVIDES THAT CHILDREN OF A DECEASED EMPLOYEE ARE ENTITLED TO EQUAL SHARES OF THE UNPAID COMPENSATION WHEN NO PERSON IN THE PRIOR ORDER OF PRECEDENCE SURVIVES. VIEW OF THE EVIDENCE OF RECORD OUR OFFICE HAS NO ALTERNATIVE BUT TO WITHHOLD SETTLEMENT OF THE BALANCE OF THE COMPENSATION DUE THE DECEDENT PENDING RECEIPT OF A CLAIM FOR OR IN BEHALF OF THE SON OR OF PROOF THAT HE WAS SURVIVED BY NO OTHER CHILD THAN SANDRA LEE LOHRMAN.

ON THE PRESENT RECORD OUR SETTLEMENT OF MAY 25, 1960, MUST BE SUSTAINED.

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