About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-189296 1 (1979-08-30)

handle is hein.gao/gaobadhon0001 and id is 1 raw text is: DECISI FILE: B-18 MATTER C DIGEST: ON 9296 - THE COMPTROLLER GENERAL . ~rJ. OF THE UNITED STATES WASHINGTON, D.C. 2O54B DATE: August 30, 1979 F: Mrs. Frances Jackson 1. Claimant who presents evidence supporting her contention that she is widow of deceased member, whom she married in 1932, is entitled to resumption of payment of her annuity under Uniformed Services Contingency Option Act of 1953, which was discontinued by Army in 1959 based on doubt on alleged prior marriage of decedent in 1920. B-189296, November 16, 1977, modified accordingly. 2. Payment of arrears of annuity claimed is limited by 31 U.S.C. 71a (1976) to only that amount accrued not more than 6 years before the claim was first received in the General Accounting Office. This action is in response to correspondence from Norman L. Blumenfeld, Esq., on behalf of Mrs. Frances Jackson, requesting reconsideration of our decision B-189296, dated November 16, 1977, which sustained the denial of Mrs. Jackson's Flaim for renewal of discontinued annuity payments to her, as the widow of the late Sergeant Clarence T. Jackson, RA 1 403 235, USA, Retired. Upon reconsideration renewal of Mrs. Jackson's annuity payments is authorized. However, the amount payable for accrued payments due are limited by 31 U.S.C. 71a (1976) to the payments due beginning 6 years prior to the date Mrs. Jackson's claim was first received in the General Accounting Office. As background, Sergeant Jackson retired from the Army on November 30, 1946, with over 20 years' service, and subsequently elected (in April 1954) to provide an annuity for his spouse at the time of his death under the Uniformed Services Contingency Option Act of 1953 (COA) ch, 393, 67 Stat. 501 (10 U.S.C. 1431 (Supp. IV, 1952 ed.)), which was in effect at that time. The COA was subsequently revised and renamed the Retired Serviceman's Family Protection Plan, now codified in 10 U.S.C. 1431, et seq. (1976). Upon Sergeant Jackson's death (March 26, 1956), the Army Finance Center established an annuity payable to Mrs. Frances Jackson. However, payment of the annuity to her was

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most