revoked as of a later date by the execution and filing of another SF 1152 by the employee, as directed in paragraph (c) of this section. When a designation of beneficiary is changed or revoked, the employing agency should return the earlier designation to the employee.

(5 U.S.C. 5582)

[22 FR 10891, Dec. 28, 1957, as amended at 28 FR 12923, Dec. 5, 1963]

§ 33.6 Claims settlement jurisdiction.

(a) District of Columbia, Canal Zone Government and Government corporations. Claims for unpaid compensation due deceased employees of the government of the District of Columbia and the Canal Zone Government on the Isthmus of Panama shall be paid by these entities and those of wholly owned and mixed ownership Government corporations may be paid by the corporations. 5 U.S.C. 5583(b).

(b) Other agencies. Except as otherwise provided in paragraph (c) of this section, claims for unpaid compensation due deceased employees of other agencies of the Federal Government, including officers and employees of the House of Representatives, may be paid by those agencies.

Office.

(c) General Accounting Except as provided in paragraph (a) of this section, claims for unpaid compensation due deceased employees of the Federal Government will be paid only upon settlement by the Claims Group, Accounting and Financial Management Division of the General Accounting Office in the following

cases:

(1) When doubt exists as to the amount or validity of the claim.

(2) When doubt exists as to the person(s) properly entitled to payment.

(3) When the claim involves uncurrent checks. Unnegotiated and/or undelivered checks for unpaid compensation due the decedent which are drawn on designated depositaries and have not been paid prior to the close of the fiscal year next following the fiscal year in which the checks were issued are uncurrent. Claims for the proceeds of such checks must be submitted to the Claims Group, Accounting and Financial Management Divi

sion of the General Accounting Office for settlement pursuant to the provisions of section 1(b) of the act of August 28, 1957, Pub. L. 85-183, 31 U.S.C. 132. The checks, if available, should accompany the claims.

(d) Payment as provided in paragraphs (a), (b), and (c) of this section shall be made to the person or persons surviving at date of death in the following order of precedence:

(1) To the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency prior to his death;

(2) If there is no designated beneficiary, to the surviving spouse of the employee;

(3) If none of the above, to the child or children of the employee and decendents of deceased children by representation;

(4) If none of the above, to the parents of the deceased employee or the survivor of them;

(5) If none of the above, to the duly appointed legal representative of the estate of the deceased employee; and

(6) If none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death. 5 U.S.C. 5582(b).

When the person(s) otherwise entitled to payment has not submitted a claim and cannot be located within 3 years after the death of the employee, payment shall be made to the person(s) in the same class of entitlement, or in the absence of anyone in the same class then the person(s) next in order of precedence as described in this paragraph.

[37 FR 26291, Dec. 9, 1972, as amended at 40 FR 60036, Dec. 31, 1975]

$ 33.7 Securing claim on employee's death.

As soon as practicable after the death of a civilian employee included within the provisions of the act, the agency in which he or she was last employed, upon determining that unpaid compensation is due the decedent, will request each designated beneficiary or, if no beneficiary was designated, the surviving spouse, to execute SF 1153, Claim of Designated Beneficiary and/or Surviving Spouse for Unpaid

Compensation of Deceased Civilian Employee. When there is no designated beneficiary or surviving spouse, the employing agency will furnish the person or persons next in order of precedence, in accordance with the first section of the act, 5 U.S.C. 61f, SF 1155, Claim for Unpaid Compensation of Deceased Civilian Employee (No Designated Beneficiary or Surviving Spouse). When the designated beneficiary is the estate of the decedent, the employing agency will furnish the legal representative, heir, or heirs of the decedent SF 1055, Claim Against the United States for Amounts Due in the Case of a Deceased Creditor, prescribed in Part 35 of this chapter, since this form will elicit the information required for settlement of such claims. Any assistance deemed necessary for the proper execution of the forms will be furnished to all claimants by the employing agency.

[22 FR 10891, Dec. 28, 1957]

§ 33.8 Claims involving minors or incompetents.

(a) If a guardian or committee has been appointed for a minor or incompetent appearing entitled to unpaid compensation, the claim should be supported by a short certificate of the court showing the appointment and qualification of the claimant in such capacity.

(b) If no guardian or committee has been or will be appointed, the initial claim should be supported by a statement showing: (1) Claimant's relationship to the minor or incompetent, if any; (2) the name and address of the person having care and custody of the minor or incompetent; (3) that any moneys received will be applied to the use and benefit of the minor or incompetent; and (4) that the appointment of a guardian or committee is not contemplated.

[26 FR 12275, Dec. 23, 1961]

§ 33.9 Return of unnegotiated Government checks.

All unnegotiated U.S. Government checks drawn to the order of a decedent representing unpaid compensation as defined in § 33.2, and in the possession of the claimant, should be

returned to the employing agency concerned. Claimants should be instructed to return any other U.S. Government checks, drawn to the order of a decedent for purposes other than unpaid compensation, such as veterans benefits, social security benefits, or Federal tax refunds, to the agency from which received with request for further instructions from that agency. [23 FR 7479, Sept. 26, 1958]

§ 33.10 Applicability of general procedures.

When not in conflict with this part, the provisions of Part 31 of this subchapter relating to procedures applicable to claims generally, are also applicable to the settlement of accounts of deceased civilian officers and employ

AUTHORITY: Sec. 311, 42 Stat. 25; 31 U.S.C. 52. Interpret or apply 10 U.S.C. 2771; 32 U.S.C. 714; sec. 3, 70A Stat. 619, as amended, 33 U.S.C. 857a; and sec. 4, 70A Stat. 619, as amended, 42 U.S.C. 213a.

SOURCE: 26 FR 12275, Dec. 23, 1961, unless otherwise noted.

NOTE: Nomenclature changes to Part 34 appear at 45 FR 22873, Apr. 4, 1980, and 45 FR 84955, Dec. 24, 1980.

§ 34.1 Scope of part.

(a) This part prescribes forms and procedures for the prompt settlement of the accounts of:

(1) Deceased members of the Armed Forces (including deceased commissioned officers of the Public Health

Service and the National Oceanic and Atmospheric Administration) pursuant to 10 U.S.C. 2771.

(2) Deceased members of the National Guard pursuant to 32 U.S.C. 714.

(b) A designation of beneficiary under 10 U.S.C. 2771 or 32 U.S.C. 714, properly executed and filed in the place designated for such purpose in the regulations of the department concerned, will be effective thereafter until:

(1) Expressly changed or revoked in writing or (2) the serviceman transfers to a different branch of the military service or (3) returns to the same or a different branch after a break in service.

(c) The term "deceased members" as used in the part includes former members who die subsequent to discharge or separation from the service.

(d) The payment provisions of 10 U.S.C. 2771 and 32 U.S.C. 714 are effective only when the member's death occurs on or after January 1, 1956. Claims relating to the accounts of members dying before such date are for consideration by the Claims Group, Accounting and Financial Management Division of the General Accounting Office.

(e) The term "pay and allowances" when used in this part includes any amount due a decedent from the service of which he was a member, exclusive of amounts payable administratively pursuant to other specific authority.

[33 FR 685, Jan. 19, 1968, as amended at 37 FR 26291, Dec. 9, 1972; 37 FR 26707, Dec. 15, 1972; 40 FR 60036, Dec. 31, 1975]

§ 34.2 Forms for filing claims.

The following standard forms are prescribed for use in the settlement of accounts to which this part relates: SF 1174-Claim of Designated Beneficiary for Unpaid Pay and Allowances of Deceased Member of the Armed Forces. SF 1175-Claim for Unpaid Pay and Allowances of Deceased Member of the Armed Forces (No Designated Beneficiary).

§ 34.3 Jurisdiction.

(a) Administrative agencies. Except as otherwise provided in paragraph (b) of this section, pay and allowances due deceased members of the Armed

Forces and deceased members of the National Guard shall be paid by the military service or department concerned.

(b) General Accounting Office. Payments shall be made only upon settlement by the Claims Group, Accounting and Financial Management Division of the General Accounting Office in the following cases:

(1) When doubt exists as to the amount or validity of the claim.

(2) When doubt exists as to the person(s) properly entitled to payment.

(3) When the claim involves uncurrent checks. Unnegotiated and/or undelivered checks for pay and allowances due the decedent which are drawn on designated depositaries and have not paid prior to the close of the fiscal year next following the fiscal year in which the checks were issued are uncurrent. Claims for the proceeds of such checks must be submitted to the Claims Group, Accounting and Financial Management Division of the General Accounting Office for settlement pursuant to the provisions of section 1(b) of the act of August 28, 1957, Pub. L. 85-183, 31 U.S.C. 132. The checks, if available, should accompany the claims.

(c) Payment as provided in paragraphs (a) and (b) of this section shall be made to the person or persons surviving at date of death in the following order of precedence:

(1) Beneficiary designated by the member in writing to receive an amount, if the designation is received, before the deceased member's death, at the place named in the regulations prescribed by the Secretary concerned. (2) Surviving spouse.

(3) Children and their descendants, by representation.

(4) Father and mother in equal parts or, if either is dead, the survivor. (5) Legal representative.

(6) Person entitled under the law of the domicile of the deceased member. When the person(s) otherwise entitled to payment has not submitted a claim and cannot be located within 3 years after the death of the member, payment shall be made to the person(s) in the same class of entitlement, or in

the absence of anyone in the same class then the person(s) next in order of precedence as described in this paragraph.

[37 FR 26291, Dec. 9, 1972, as amended at 40 FR 60036, Dec. 31, 1975]

§ 34.4 Furnishing forms and assistance to claimants.

a

As soon as practicable after death of member, the department under which the member was serving at date of death will furnish the designated beneficiary or beneficiaries Standard Form 1174, Claim of Designated Beneficiary for Unpaid Pay and Allowances of Deceased Member of the Armed Forces, for use in filing claim for any unpaid pay or allowances that may be due the decedent. If there is no designated beneficiary, the department will furnish the person or persons next in order of precedence, in accordance with 10 U.S.C. 2771(a) or 32 U.S.C. 714(a), SF 1175, Claim for Unpaid Pay and Allowances of Deceased Member of the Armed Forces (No Designated Beneficiary). Any assistance deemed necessary for the proper execution of the forms will be furnished to all claimants by the departments concerned.

§ 34.5 Claims involving minors or incompetents.

(a) If a guardian or committee has been appointed for a minor or incompetent appearing entitled to unpaid amounts, the claims should be supported by a short certificate of the court showing the appointment and qualification of the claimant in such capacity.

(b) If no guardian or committee has been or will be appointed, the initial claim should be supported by a statement showing (1) claimant's relationship to the minor or incompetent, if any; (2) the name and address of the person having care and custody of the minor or incompetent; (3) that any moneys received will be applied to the use and benefit of the minor or incompetent; and (4) that the appointment of a guardian or committee is not contemplated.

§ 34.6 Claims for unnegotiated Government checks. Unnegotiated

U.S. Government checks drawn to the order of the decedent by the service of which he was a member should be returned to the department concerned for consideration in connection with the settlement of the member's account. Claimants should be advised that all other unnegotiated U.S. Government checks drawn to the order of the decedent should be returned to the agency from which received with request for further instructions from that agency.

§ 34.7 Applicability of general claim pro

cedures.

When not in conflict with this part, the provisions of Part 31 of this title, relating to procedures applicable to claims generally, are also applicable to the settlement of accounts of deceased members.

[33 FR 685, Jan. 19, 1968]

PART 35-DECEASED PUBLIC CREDITORS GENERALLY, CLAIM SETTLEMENT PROCEDURES

Sec.

35.1 Scope of part.

35.2 Form prescribed for procedures in this part.

35.3 Claim filing requirements.

35.4 Return of unnegotiated Government checks.

35.5 Claims involving minors.

AUTHORITY: Sec. 311, 42 Stat. 25, 31 U.S.C. 52. Interpret or apply sec. 305, 42 Stat. 24; 31 U.S.C. 71.

SOURCE: 25 FR 6234, July 2, 1960, unless otherwise noted.

§ 35.1 Scope of part.

This part relates to the settlement of claims for amounts alleged to be due the estates of deceased individual public creditors, except when such claims are within the jurisdiction of administrative agencies pursuant to specific authority. The claims coming within the scope of this part include, among others, claims for amounts due deceased contractors (whether under terminated or continuing contracts) and other deceased public creditors for

90-003 0-82--6

supplies furnished and services rendered.

[26 FR 12276, Dec. 23, 1961]

§ 35.2 Form prescribed for procedures in this part.

The following standard form is prescribed for use in filing claims on behalf of deceased public creditors: SF 1055-Claim Against the United States for Amounts Due in the Case of a Deceased Creditor.

§ 35.3 Claim filing requirements.

(a) Use of prescribed form. Claims to which this chapter relates, including claims for the proceeds of U.S. Government checks, will be filed on SF 1055.

(b) Assisting claimants in filing claims. Such assistance as is deemed necessary may be given to claimants by the administrative agencies to insure proper execution and submission of the claim forms, SF 1055.

(c) Where claims should be filed. Claims for amounts due deceased public creditors will be filed initially in the administrative office out of whose activities they arise.

§ 35.4 Return of unnegotiated Government checks.

All unnegotiated U.S. Government Checks in possession of a claimant which are drawn to the order of a deceased public creditor should be returned to the agency from which received.

§ 35.5 Claims involving minors.

(a) If a guardian has been appointed for a minor appearing entitled to unpaid amounts the claim should be supported by a short certificate of the court showing the appointment and qualification of the claimant in such capacity.

(b) If no guardian has been or will be appointed, the initial claim should be supported by a statement showing:

(1) Claimant's relationship to the minor, if any; (2) the name and address of the person having care and custody of the minor; (3) that any moneys received will be applied to the use and benefit of the minor; and (4)