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B-262112 1 (1996-03-06)

handle is hein.gao/gaocrptadrw0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Raymond H. Hanrahan (Deceased) File: B-262112 Date: March 6, 1996 DIGEST 1. A Standard Form 1152 designation of beneficiary executed by an employee disposing of his unpaid compensation due at his death was received in the agency field office before the date of his death and sent to agency headquarters. The employee died on the same day the form was received in agency headquarters, but possibly before it was filed as specified in subsections 19.1 and 19.3 of title 4, GAO Policy and Procedures Manual for Guidance of Federal Agencies. See 4 C.F.R. § 33.5 (1995). Those instructions are directed at agencies and do not create a requirement that must be met by an employee in addition to that contained in 5 U.S.C. § 5582(b), that the designation must be received by the agency before his death. Since the completed designation of beneficiary was timely received in the agency before he died, it effectively disposes of his unpaid compensation. 2. An employee designated a nonfamily individual to receive his unpaid compensation due at his death. His former wife and a son challenged the validity of that designation following his death, contending that he was incompetent to designate because he was heavily sedated during the last few weeks before he died. The former wife also claims that their divorce decree grants her at least one--half of his unpaid compensation. However, federal law, not state law, controls disposition of unpaid compensation due a federal employee. Since the completed designation form was executed by the employee more than 2 months before he died and was timely received by the agency as required by 5 U.S.C. § 5582(b), the individual designated on that form is entitled to be paid the unpaid compensation due. DECISION This decision responds to a request from the General Counsel of the Federal Bureau of Investigation (FBI), U.S. Department of Justice.1 The issue is whether the Standard Form 1152 (SF 1152), Designation of Beneficiary, executed by Mr. Raymond H. Hanrahan validly passed his unpaid compensation due at his death 1Howard M. Shapiro, Esquire. 75634

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