4. Effect of Dual Employment and Dual Compensation Statutes on Employment of Retired Military Personnel. WARNING: The chart on this page is necessarily very much simplified and subject to change by statute. There are exceptions to almost every rule in this area. It is the responsibility of each member to make certain that in his own circumstances, the acceptance of Federal employment is legitimate and that he is legally entitled to retain the amount of retired pay being received. Specific inquiries as to unusual cases should be addressed to the Judge Advocate General, Department of the Navy, Washington 25, D. C. (See page 68.) If a position with the Federal Government is accepted, it is necessary to notify the Navy Finance Center immediately whether or not the $10,000 limitation is exceeded and whether or not either the Dual Employment statute or Dual Compensation statute is considered applicable. The name and address of the office or agency by which employed, the effective date of employment, and the annual, daily, or regular hourly rate of compensation should be furnished. Any subsequent change in salary should be similarly reported. Contents of Chapter: I. Family Protection; II. Assistance to Survivors; III. Burial Information; I. FAMILY PROTECTION A. INFORMING YOUR FAMILY In time of emergency it is important to have your family, and those who act for you, able to take immediate action with regard to your personal affairs. Emergencies arising when you are away from home, sick or disabled, or in the event of death, can cause trouble and loss if you have not provided the necessary information about your personal affairs. Experience in talking to widows of retired personnel reveals that many of these women are the victims of "wishful thinking." They think that the Navy assumes full responsibility for a funeral, the expenses incurred, and that the Navy determines survivors' eligibility for benefits from the Veterans Administration and other agencies. They do not know the regulations govering these matters or where to find them. It is important for you to remember that your Navy pay ceases with your death. There is no form of compensation or pension which is automatically paid to survivors of all retired members. Your dependents and survivors have to FILE CLAIM in order to obtain benefits to which they may be entitled. To substantiate the claim, documents and information conceming your military service are required in making application for most benefits. No one likes to think about his own death, but only an unwise man will neglect to prepare for the future. It is your duty to prepare your wife, husband, or other relation for the time when she or he may survive you. There are many things you can do and much sound advice you can give which will help your survivor at that difficult time. As a suggestion, it is wise to learn about the laws of the state in which you reside which might affect your family in the event of your death. You may see your legal assistance officer for advice on this matter. Start now to gather all the papers, documents, and records which will be helpful to you and also helpful to your survivor or executor in the future. A Check-Off List (Appendix A) has been included as a reminder of things to be done. B. VALUABLE PAPERS It is advisable to have a list of all valuable documents with a statement as to where they are located. The suggested Personal Affairs Record in Appendix B may be filled in as a ready reference for you and to lighten the burden of your survivors. Keep all your military papers together and have a statement compiled of your military service giving essential information, such as record of your service in any branch of the service, first entry on active duty, record of last active duty, and the highest rank or rating held. All other valuable papers, such as original marriage certificate, divorce decree, death certificate of spouse, copies of income tax retums, title to car, deeds, insurance policies, securities, and bonds should be placed in safekeeping as in a safe deposit box held jointly with your spouse. 72 In making application for benefits, you or your survivors will be required to produce documentary evidence of your military service and family history. If such documentary evidence and information are available, it will relieve a lot of uncertainty and facilitate the settling of your estate. C. POWER OF ATTORNEY A power of attorney is a legal document through which you give another person the power to act for you, either for some particular purpose or for the transaction of your business in general. The power of attomey may be very useful, especially if you are overseas. But you should realize that the person who holds such power has - within the limits granted - full authority to deal with your property without consulting you. YOU SHOULD GIVE POWER OF ATTORNEY ONLY TO SOMEONE WHO IS COMPLETELY TRUSTWORTHY. A power of attomey may not be needed, or it may be advisable for you to execute a limited or a special power of attorney with authority to perform certain acts and no more. Finally, it may be desirable to limit the time of its operation. You should execute a power of attorney only after consultation with legal counsel. The legal authority granted in a power of attomey is revoked by the death of either the grantor or the grantee, by any time limit set by the document itself, or by specific revocation. You should notify your next-of-kin or dependents whether or not you have granted a power of attorney and to whom. There is space for this information on the suggested Personal Affairs Record form in Appendix B. D. YOUR WILL A will is simply a written declaration of your wishes for the distribution of your property after your death. Normally a will also gives the name of the person or institution (executor) who will see to it that your possessions are distributed as you wish. If you do not leave a will, your property will be distributed according to law. However, you may find, after consultation, that in your particular case it is neither necessary nor advisable to make a will. Generally, the use of a standardized will form is not recommended, as a will should be prepared according to your needs and your particular situation. Preparation or revision of a will should be done only with the advice of legal counsel. Consult your Navy legal assistance officer or, if you prefer, a civilian attomey. II. ASSISTANCE TO SURVIVORS A. ACTION REQUIRED BY NEXT OF KIN 1. Report of Death. If death of a retired member occurs at home or in other than a naval hospital, the NEXT OF KIN SHOULD NOTIFY THE COMMANDANT OF THE NAVAL DISTRICT in which the service member resided. (Use clip out form of Notification following Check-Off List in Appendix A). When the death of a retired Navy man occurs in a naval hospital, the commanding officer of the hospital will notify the Secretary of the Navy by telegram, giving the name, rank, date, cause and place of death, together with disposition to be made of the body (if this latter information is furnished by the next of kin.) In order that prompt payment may be made by the Navy Finance Center, Cleveland, Ohio, of any funds due (such as unpaid pay and allowances or annuity payments under the Uniformed Services Contingency Option Act), a clip-out notification form has been included (Appendix A). The completed form together with a certified copy of the retired member's civilian death certificate and any uncashed retired pay check should be forwarded to the Navy Finance Center. 2. Uncashed Checks for Retired Pay. Retired pay ceases upon the death of the retired member. The next of kin should return immediately to the Commanding Officer, U. S. Navy Finance Center, Cleveland 14, Ohio, all unnegotiated United States Government checks drawn to the order of the deceased representing pay and allowances. (See clip-out form in Appendix A.) The checks will be canceled and the appropriate portion thereof will be credited to the pay account of the deceased. (See Chapter 3, section V(D) for "Beneficiary Designation For Unpaid Pay and Allowances" and this chapter, section IV(A), "Unpaid Pay and Allowances".) Any other United States Goverment checks drawn to the order of the deceased for other purposes should be returned to the agencies from which they were received with a request for further instructions. B. ACTION BY THE NAVY The Casualty Branch, Bureau of Naval Personnel, upon receipt of official confirmation of a retired member's death prepares a "Report of Casualty" (DD Form 1300) which fumishes data pertaining to the service and death of the member. This report is distributed to all govemment agencies concerned with the settlement of survivors benefits. This Branch also writes to the next of kin offering assistance in establishing rights to any benefits for which the next of kin may be eligible by reason of the service of the deceased. Upon request, the Casualty Branch (Pers G23), Navy Department, Washington 25, D. C., also will fumish information and assistance for use in adjudicating claims clarifying beneficiary designations and the status of the deceased. C. ORGANIZATIONS OFFERING ASSISTANCE The widow or immediate survivor of the retired member may receive advice and assistance from various service and veterans organizations. Representatives of these organizations will be glad to furnish information concerning benefits and aid in completing any required forms. Organizations offering assistance to survivors include the following: - Fleet Reserve Association, 1303 New Hampshire Avenue, N.W., Washington 6, D. C. - Retired Officers Association, 1616 Eye Street, N.W., Washington 6, D. C. - Service organizations such as the American Legion, Veterans of Foreign Wars, Disabled American Veterans, etc. The Navy Mutual Aid Association, Navy Department, Washington 25, D. C., will offer assistance to survivors of its members only. The Navy Relief Society was established for the purpose of aiding dependents of deceased Navy and Marine Corps personnel. It will offer immediate financial aid or assist in procuring government benefits. Its 47 auxiliaries are located in the various Naval Districts in principal naval centers. (For type of assistance and how to request it, see Chapter 7, section III.) III. BURIAL INFORMATION A. PRIVATE BURIAL EXPENSES 1. General. The Veterans Administration and the Social Security Administration provide for reimbursement of burial expenses under certain conditions. Information conceming payment under Social Security is covered in Chapter 7, section I(A)(6) and under the Veterans Administration in the following paragraphs. However, the law 1 which provides for the VA statutory burial allowance specifies that no claim shall be allowed for more than the difference between the entire amount of the expenses incurred, and the amount as reduced through receipt of payment from any political agency or subdivision of the United States, the employer of the deceased member or a burial association. 1 38 USC 902 |