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

B-240942.2 1 (1991-03-21)

handle is hein.gao/gaobadnvv0001 and id is 1 raw text is: ComptroUer Geaeroa of the United Suta. WSwu , D.C. zoat, Decision Matter of: Vernon M. Perkins, USA, Retired (Deceased) File: B-240942.2 Date: March 21, 1991 DECISION Mrs. Betty L. Perkins appeals a settlement of our Claimn Group which indicated that she was not the proper beneficiary for the arrears of retired pay due her husband Vernon M. Perkins at the time of his death. For the following reasons we conclude that Mrs. Perkins is the proper beneficiary. On July 26, 1989, Vernon M. Perkins, a retired member of the Army, used a VA form 21-438 addressed to the Army Retired Pay Division, Indianapolis, Indiana, to advise the Army that he wished to change the beneficiary for any unpaid pay and allowances'to his'wife Betty L. Perkins. Prior to that time his daughter Janine Perkins was the designated beneficiary to receive any unpaid retired pay due at his death, The Army indicated to him that they would not accept a change of beneficiary application unless the member's signature was witnessed by two people. Mr. Perkins died on August 31, 1989, prior to executing the change of beneficiary form with two witnesses to his signature. On the day of Mr. Perkins's death, August 31, 1989,. his retired pay for the month of August was electronically transferred to his bank account which was held jointly with his wife. Army personnel informed Mrs. Perkins orally that the check should be returned to Retired Pay Operations of the Army Accounting and Finance Center and Mrs. Perkins .o instructed her bank. Subsequently, the Army informed her that since her husband died on the last day of the mohth and the check had been credited to their account, the proceeds belonged to her. However, since the check had been returned to Retired Pay Operations the Army concluded that it must be paid to the designated beneficiary. The matter was subsequently referred to the Claims Group of this Office for1 settlement. The Claims Group advised the Army by settlement certificate of March 28, 1990, that Janine Perkins was the proper party to receive the unpaid retired pay. Correspondence in the file indicates, however,

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