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B-187037 1 (1976-10-22)

handle is hein.gao/gaobadrjn0001 and id is 1 raw text is: L 14 ~A 63~ULE ENERAL 2 E !JJE D STATES VV~~ 1- V41N N [3 P 0 i Li L-E. B1-18_7037 DATE: IvIATTER OF: Beneficiary of unpald pay - DOD Militaxy Pay and Allowance Committee Action ;Io. 527 _31C3EST. The word person as used in 10 U.S.C. 2771(a) should be construed §imilarly to that word. as used in 5 U.S.C. 5582(b) and, thus, may 'Incl~ud a legal entity other than a natural person. Therefore, an Army zember's designation as benefi- ciary of his unpaid retired pay upon his death of the United States Soldiers' Home, a Government instrumentality with the power to accept donations of money or property, was a valid designatiom under 10 U.S.C. 2771(a)(1) and the Home's claim may be allowed. This action is in response to a letter, dated July 22, 1976, fXom the Assistant Secretary of Defense (Comptroller), requesting a decisicn on several questions concerning ,he reaning of the word person as used in 10 U.S.C. 2771(a) (1970) in connection with a beneficiary designated under that subsection to receive the amount due -a deceased member of an armed force. The questions are presented in Department of Defense Military Pay and Allowance Committee Action No. 527 as follows: I. Does the word 'person' as used in 10 ,S.C., 2771(a) in connection with a beneficiary desig- nated under clause (1) of that subsection include a legal entity other than a natural person? 2. If the answer to question 1 is negative, are designations of other than natural persons to be considered invalid? 13 If the answer (to questionl 2 is affinmwtive, are the-amounts due in such cases to be paid to eligible nondesignated beneficiaries? Ths discussion in the Committee Action States that ergeant First Class USA, retired , and died Re had desigated the United

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