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B-240697.2 1 (1991-12-16)

handle is hein.gao/gaobadnzf0001 and id is 1 raw text is: .-7MAL./tA) Comptroller General of the United States Wadhigwn, D.C 20548 Matter of: Lieutenant Commander Donald R. Mason, USN-- Dependency of Adopted Children File: B-240697.2 Date: December 16, 1991 DECISION This is in response to a request for an advance decision as to whether the adopted children of Lieutenant Commander Donald R. Mason, USN, who have substantial income in their own right, are his dependents under$37 U.S.C. § 401(2).' For the reasons presented below, they are not considered his dependents for the purposes of that statute. In March 1990 Lieutenant Commander Mason adopted his wife's children. Because their natural father was a service member who died on active duty, the children receive $2,147 per month in Social Security and Veterans' Administration benefits. The benefits currently are deposited in irrevocable trusts on behalf of the children, although funds can be withdrawn from the trust upon approval of the trustees. The Navy Family Allowance Activity has determined that the children are not his dependents for pay and allowance purposes, and Lieutenant Commander Mason disputes their determination. Section 401(2) of title 37 of the United States Code contains the definition of a dependent child of a military member. If the child is a stepchild or an adopted or acknowledged illegitimate child, he or she must be in fact dependent on the member. In Lieutenant Commander Albert Dick,/B-199433, December 29, 1980, we dealt with the dependency status of stepchildren who received substantial Social Security and Veterans' Administration benefits which were deposited in trust accounts. We said that since the children received support adequate for their care from another source, they were not dependents under 37 U.S.C. § 401(2). 'The Defense Finance and Accounting Service has assigned the number 91-3-M to the request for control purposes. , -< _ . A 9 . . . , 1 k 0 / 145 57

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