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B-227483 1 (1987-10-23)

handle is hein.gao/gaobadmws0001 and id is 1 raw text is: 



      The Comptroller General
      of the United States
'     Washington, D.C. 20548
      Decision




      Matterof-  Bernice Webb Becks - Claim for Unpaid Compensation

      File:      B-227483

      Date:      October 23, 1987


      DIGEST

      A claimant who asserts that she is the common-law wife of a
      deceased.employee may not collect his unpaid compensation
      since no common-law marriage has been established and it is
      unclear whether the deceased employee believed himself to be
      or held himself out as married.


      DECISION

      This action is in response to a request for reconsideration
      by Bernice Webb Becks (hereafter referred to as Ms. Becks),
      of our Claims Group's January 27, 1987, disallowance of her
      claim for unpaid compensation due Mr. Kellie R. Becks.l/ It
      is our view that the marriage claimed by Ms. Becks to
      Mr. Becks is too uncertain to allow payment of the claim,
      and the Claims Group's disallowance is affirmed.

      Mr. Becks, an employee of the Internal Revenue Service, died
      on May 12, 1984. Ms. Becks filed a claim for unpaid
      compensation due Mr. Becks at the time of his death. She
      and her attorney assert that she and Mr. Becks were married
      at common law on August 8, 1976, in Texas, and thus she is
      entitled to receive the unpaid compensation. Our Claims
      Group disallowed the settlement, noting that although the
      State of Texas does recognize common-law marriages, there
      are a number of discrepancies in the record and thus the
      claim was too uncertain to allow payment.

      Authority for settlement of accounts of a deceased employee
      is found at 5 U.S.C. SS 5581-5583. Section 5582 provides


      l/ The claimant is also referred to in various documents
      as Berneice Booker (maiden name) and Bernice B. Webb
        (apparently a former married name). It is unclear at
        what point, if any, her name was formally changed to
        Bernice Becks.

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