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B-182519 1 (1975-07-02)

handle is hein.gao/gaobadcoc0001 and id is 1 raw text is: 




                             THE  COMPTROLLER GENERAL
DEC   I1IN            2J /   OF   THE    UNITED      STATES
                             WASHINGTON, D.C. 20548




FILE:    B-182519                   DATE:     jUL 2  1975

MATTER OF:       Joseph J. White, Jr. - Unpaid Compensation
                 Reconsideration of Claim of Joseph J. White, III
DIGEST:     Where deceased Government employee incorrectly listed
            name of person whom he desired to receive part of any -
            compensation due him at death, but evidence shows whom
            he intended to receive this compensation, intended
            beneficiary is entitled to payment.

     This action is a reconsideration of a claim by Joseph J.
White, III, for part of the compensation due his father,
Joseph J. White, Jr., a former employee of the Department of the
Navy, Norfolk Navy Shipyard Branch, Portsmouth, Virginia, at his
death.  In a decision dated April 2, 1975, we sustained the
disallowance of the claim of Joseph J. White, III, a son of the
deceased employee,for this compensation because his father had
designated beneficiaries to receive any compensation owing him
at his death and, under 5 U.S.C. § 5582 (1970) such beneficiaries
are entitled to recaivc adh  =npaid compensation. A child of a
deceased employee, if not designated as a beneficiary, is only
entitled to any compensation due his parent at his parent's
death, if no beneficiaries have been designated and there is no
surviving spouse. Mr. White again challenges the right of
Rickie P. White (Weeks), a designated beneficiary, to receive
part of the unpaid compensation, and claims that this part should
be paid to him.

     Mr. White's claim, this time, is based on the fact that when
his father listed those whom he wished to receive any compensation
due him at his death, he listed Kathryn G. White and Rickie P.
White and there was no beneficiary designated as Rickie P. White
(Weeks) or Rickie P. Weeks. He argues, therefore, that there was
no proper beneficiary named and that he is entitled to receive
the unpaid compensation which would have been payable to Rickie P.
White.

     The record indicates that the name of the beneficiary was
listed incorrectly. However, there is evidence to whom the
decedent was referring when he listed the name of Rickie P. White.
Rickie Weeks was the son of Kathryn White by a previous marriage
and was treated as.a son by the decedent. The address given as

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