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B-185464 1 (1976-08-03)

handle is hein.gao/gaobaduib0001 and id is 1 raw text is: .<0- L E THE COMPTROLLER GENERAL . - DECISION OF THE UNITED STATES WASH IN GTON, 0. C. 20549 FILE:- B-185464 DATE: A-UG 3 97L MATTER OF: CSCI , USN, Retired (Deceased) DIGEST: Unpaid retired pay due upon death of Navy member who died without designated bene- ficiary or relatives may not be paid to his state court appointed committee which had custody of his property during his lifetime since authority 6f committee ceased upon member's death and committee is not the legal representative of his estate as prescribed by 10 U.S.C. 2771(a) (1970). However, claim for retired pay from legal representative of estate will be considered upon presentation. This action is in response to a letter received in this Office on November 19, 1975, from Ms. Tina Ambrosini, Brooklyn, New York, committee of CSCI , USM, , Retired (Deceased), requesting review of the March 12 1975 settlement of our Transportation and Claims Division which dsidilowed the claim of Ms. Ambrosini for retired pay due Mr. Higgins at the time of his death. The record indicates that was placed on the retired list of the United States Navy on May 1, 1951, with entitlement to retired pay. By letter dated April 3, 1970, from the Patient Resource Agent, Kings Park State Hospital, Department of Mental Hygiene, State of New York, the Navy Finance Center was advised that had been adnitted to that hospital on July 1, 1969, and continued to be in residence there. That letter also indicated that ' retired paychecks were continuing to be sent to an address in Brooklyn, New York, where they may have been intercepted by a friend, and it was requested that the checks be sent to in care of the director of the hospital. Based on that letter the Navy Finance Center discon- tinued payments of retired pay to effective April 1, 1970. By letter dated June 5, 1970. from the hospital the Navy Finance Center was advised that doctor did not find djb

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