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B-195158 1 (1979-10-26)

handle is hein.gao/gaobadulk0001 and id is 1 raw text is: 


                           THE COMPTROLLER GENERAL
   DECI.SION        Z      OF T.HE UNITED STATES.
                           WAS-HINGTON. D.C. 20548
                           tIT~712


   FILE: B-195158                OATE: October 26, 1979

   MATTER OF:                  (Deceased)


   DIGEST: Widow of a deceased Department of*
           Agriculture employee 'claims entitlement
           to unpaid compensation of husband
           alleging that husband intended to
           change designated beneficiary to her
           from his children by a previous
           marriage. Under 5 U.S.C. § 5582
           payment must be made to designated
           beneficiary.


     R. Larry Jordan, an Authorized Certifying Officer of-
the Department of Agriculture (DOA), has requested an
advance decision as to who is the appropriate beneficiary
for the unpaid compensation of.             , a deceased
employee of DOA. Since           designated his minor
children,               and                , as the
beneficiaries for any unpaid compensation, they, through
their legal guardian, are entitled to receive the funds.

     The unpaid compensation consists of unpaid salary,
annual leave, and real estate expenses incident to a
transfer of official duty station.              , the
deceased's widow, is contesting payment of the unpaid
compensation to the deceased's children. Although she
recognizes that she was not named as a beneficiary for
unpaid compensation she believ.es that her husband's
intent was for her to receive these funds.

     Prior to his second marriage,          filed the
appropriate forms designating his children as the benefi-
ciaries of any lump-sum benefit under his CSC retirement,
Federal Employees Group Life Insurance Program (FEGLI),.
and unpaid.compensation. After his marriage to
      in February of 1973,          filed forms changing
the beneficiaries of retirement entitlement and FEGLI
from his children to his wife,             , first and
otherwise to his son and daughter 50 percent each. These
changes were filed in September 1973, but he did not f.ile
a change of beneficiary for unpaid compensation..







               '. '                 .                                 .74'-.

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