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B-208058 1 (1983-05-27)

handle is hein.gao/gaobadlck0001 and id is 1 raw text is: I I THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON. D.C. 20548 FILE: B-208058 DATE: May 27, 1983 MATTER OF: James R. LeMay and Richard S. LeMay DIGEST: 1. The son of a deceased Air Force member claims payments under the Retired Serviceman's Family Protection Plan, 10 U.S.C. S 1431 et seq., during the period his stepmother received payments on his behalf but, according to him, did not use the payments for his benefit. The claim is denied because there was no requirement under statute or regulation that payment be made directly to the sur- viving child and payment to the step- mother appears to have been in accordance with established procedures. 2. The son of a deceased Air Force member claims payment of annuity under the Retired Serviceman's Family Protection Plan, 10 U.S.C. S 1431 et seq., for the period that his stepmoth-r advised the Air Force that he was not eligible for payments because he was not in school. The stepmother continued to receive the amount in question as increased payments on behalf of other surviving children. Where claimant has obtained a judgment in an Oklahoma State court against his step- mother for actual damages for withholding of benefits including such claim, the Air Force should not allow payment even if the claim is otherwise proper. Such claim may be satisfied by recovery of payments from the stepmother. This decision is in response to a request for an advance decision from an Accounting and Finance Officer, Air Force Accounting and Finance Center, Denver, Colorado, as to the propriety of allowing payment of the claims of Richard S. LeMay and James R. LeMay, for annuity payments under the Retired Serviceman's Family Protection Plan (Plan), 10 U.S.C. § 1431 et seq., as surviving children of th late Lie1<-~..nt Co1on<1 >'r'i . ,, * 'f,

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