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(b) Judicial order or decree of patermity or support. Normally any order or decree which specifies the obligation to render support of illegitimate children will include within it a determination of paternity of such children; however, Some jurisdictions provide for determinations of the legal obligation to support illegitimate children without a determination of paternity. Either type of order or decree falls within the scope of this paragraph. If a judicial order or decree of paternity or Support is rendered by a United States or foreign court of competent jurisdiction against a member of the Navy or Marine Corps on active duty, the member concerned will be informed Of his moral and legal obligations as well as his legal rights in the matter. The member will be advised that he is expected to render financial assistance to the child regardless of any doubts of paternity that the member may have. If the court order or decree specifies an a.mount Of Support to be provided the member will be expected to comply with the terms of Such decree or Order. If no amount is Specified, Support should be rendered in accordance with such reasonable agreement as may be made with the mother or legal guardian of the child or, in the absence of Such agreement, in accordance with the applicable guide set forth above. However, no basic allowance for quarters will be included in using the guide unless basic allowance for quarters is payable in behalf of illegitimate children. If the member refuses to comply with the terms of the court order, administrative action will be taken as indicated in §733.4.
(1) Court of competent jurisdiction. A Court of Competent jurisdiction is generally a court that has jurisdiction Over the Subject matter and the parties involved. As a general rule, the competency of the court to render the judicial order or decree may be tested by the enforceability of the order or deCree. Normally, although not always, personal service of the court’s process On the member is considered essential. With respect to a foreign judicial order or decree, the general rule is that where the defendant was a citizen or Subject of the foreign country in which the Order or decree was issued, the
Court may have acquired jurisdiction Over the member by any mode of Service or notice recognized as sufficient by the laws of that country. It should be noted, however, that an order or decree against a citizen or permanent resident of another country, without personal Service or personal notice of the action to him or her, is null and void unless the member voluntarily submitted to the jurisdiction by appearing and contesting the action. In the event there is doubt as to the competency of the Court to enter the Order or decree, the question shall be referred to the Judge Advocate General. (2) [Reserved] (C) Nonjudicial determination. In the absence of an adjudication of paternity or of a court-ordered obligation to furnish Support, the member shall be privately consulted and asked, where appropriate, whether he or she admits either paternity of, or the legal obligation to Support, the child or expected child. If the answer is affirmative, the member shall be informed that he or She is expected to furnish support as Set forth in paragraph (b) of this section. Where paternity or the legal obligation to Support is admitted by a male member, such member should be informed of his moral obligation to asSist, in the payment of prenatal expenSeS. (d) Members not on active duty. Allegations of paternity against members of the naval service who are not on active duty will be forwarded to the individual concerned in such a manner as to insure that the charges are delivered to the addressee Only. The correspondence should be forwarded via the commandant of the naval district in which the member resides. (e) Former members. (1) If a certified Copy of a judicial order or decree of paternity or support duly rendered by a United States Or foreign court of competent jurisdiction against a former member of the Navy or Marine Corps is Submitted, his or her last-known address will be furnished to the complainant with return of the correspondence and court order. The complainant will be informed of the date of discharge and advised that the individual conCerned is no longer a member of the Navy or Marine Corps in any capacity. (2) Where there has been no court adjudication, the correspondence will be returned to the complainant with an appropriate letter stating that the individual is no longer a member of the Navy or the Marine Corps in any capacity and giving the date of his or her discharge or final Separation except that the last-known address of the former member shall be furnished to the claimant if the complaint against the former member is supported by a document which establishes that the former member has made an admission or statement acknowledging paternity or responsibility for support of a child before a court of competent jurisdiction, administrative or executive agency, or official authorized to receive it. In cases where the complaint, along with the corroboration of a physician’s affidavit, alleges and explains an unusual medical situation which makes it essential to obtain information from the alleged father in Order to protect the physical health of either the prospective mother or the unborn child, the last-known address of the former member shall likewise be furnished to the claimant.
Security Act, section 459 added by Pub. L. 93–647, part B, Sec. 101(a), 88 Stat. 2357, as amended by the Tax Reform and Simplification Act of 1977, Pub. L. 95–30, title V, Sec. 502, 91 Stat. 157).
The provisions of this part shall apply to legal process affecting any Federal pay administered by the Department of the Navy and due and payable to all categories of naval military or civilian personnel including personnel of Navy or Marine Corps nonappropriated-fund activities. This part is not applicable to legal process affecting entitlements administered by Other agencies, such as civilian employees’ retirement benefits administered by the Office of Personnel Management Or Compensation administered by the Veterans Administration.
[44 FR 42.193, July 19, 1979, as amended at 47 FR 28371, June 30, 1982]
$734.3 Service of process.
(a) It is the policy of the Department of the Navy to respond promptly to legal process addressed to naval officials. Service of legal process affecting the pay of Department of the Navy perSonnel shall be made on the following designated officials in the manner and in the circumstances Specified below: (1) Navy members. Process affecting the military pay of active duty, Reserve, Fleet Reserve, or retired Navy members, wherever serving or residing, may be served personnally or by registered Or Certified mail, return receipt requested, on the Director, Navy Family Allowance Activity, Anthony J. Celebrezze Federal Building, Room 967, Cleveland, Ohio 44199. (2) Marine Corps members. Process affecting the military pay of active-duty, Reserve, Fleet Marine Corps Reserve, or retired Marine Corps members, wherever Serving or residing, may be Served personally or by registered or certified mail, return receipt requested, on the Commanding Officer, Marine Corps Finance Center (AA), Kansas City, Missouri 64197. (3) Civilian Employees. Process affecting the pay of active civilian employees of the Department of the Navy:
(i) If currently employed at Navy or Marine Corps activities (including nonappropriated-fund instrumentalities) or installations situated within the territorial jurisdiction of the issuing court, such process may be served personally, or by registered or certified mail, return receipt requested, on the commanding officer or head of such activity or installation, or principal assistant specifically designated in Writing by such official. (ii) In other cases involving civilian employees, such process may be served personally or by registered or certified mail, return receipt requested, in the manner indicated below: (A) If pertaining to civil Service perSonnel of the Navy or Marine Corps, such process may be served on the Director of Civilian Personnel Law, Office of the General Counsel, Navy Department, Washington, DC 20390. (B) If pertaining to non-civil service civilian personnel of Navy Exchanges or related nonappropriated-fund instrumentalities administered by the Navy Resale System Office, Such process may be served on the Commanding Officer, Navy Resale System Office, Attention: Industrial Relations Officer, 29th Street and Third Avenue, Brooklyn, New York 11232. (C) If pertaining to non-civil Service Civilian personnel of Navy clubs, messes, Or recreational facilities (nonappropriated funds), such process may be served on the Chief of Naval Personnel, Director, Recreational Services Division (Pers/NMPC–72), Washington, DC 20370. (D) If pertaining to non-civil Service civilian personnel of other nonappropriated-fund instrumentalities which fall outside the purview of the Chief of Naval Personnel Or the Commanding Officer, Navy Resale Systems Office, such as locally established morale, welfare, and other Social and hobby clubs, such process may be Served on the commanding Officer of the activity concerned. (E) If pertaining to non-civil service civilian personnel of any Marine Corps nonappropriated-fund instrumentalities, such process may be served on the commanding officer of the activity concerned.
(b) The Department of the Navy offiCials designated above are authorized to accept Service of process within the purview of 42 U.S.C. 659 (Social Security Act, Sec. 459 added by Pub. L. 93– 647, part B, Sec. 101(a), 88 Stat. 2357, as anended by the Tax Reform and Simplification Act of 1977, Pub. L. 95–30, title V, sec. 502, 91 Stat. 157). Where Service of process is offered to an offiCial not authorized to accept it under paragraph (a) of this section, the perSon offering Such service shall be referred to the appropriate official des— ignated in paragraph (a) of this section.
(a) Designated officials. Within their respective areas of cognizance as Set forth in §734.3, the designated officials are responsible for the following functions with regard to legal process: (1) Sending such notifications and directions to the member concerned and his or her Commanding officer as may be required. (2) Obtaining or providing an appropriate review by qualified legal counSel. (3) Taking or directing actions, temporary and final, as are necessary to comply with 42 U.S.C. 659, as amended (see $734.3(b)), the Marine Corps Manual, Navy Comptroller Manual, and the court’s order in the case, and (4) Apprising the cognizant United States Attorney of the Department of the Navy’s disposition, as required, and, in coordination with the Judge Advocate General, effecting liaison with the Department of Justice or United States Attorneys in instances of noncompliance with process or other circumstances requiring Such action. (b) Command responsibility. (1) The Commanding officer of the member or employee concerned shall, upon receipt of notification from the appropriate designated official, ensure that the member or employee has received written notification of the pendency of the action and that the member or employee is afforded counseling concerning his or her obligations in the matter, and legal assistance if applicable, in dealing with the legal action to affect his or her Federal pay. The Commanding officer shall comply with the directions of the designated official in responding to the legal process. (2) For the purposes of this part, the Director, Navy Family Allowance Activity, Cleveland, Ohio, will function as the commanding officer with regard to retired Navy military personnel and members of the Fleet Reserve. (c) Legal Services. The Judge Advocate General is responsible for the following functions pertaining to legal process within the purview of this part: (1) Providing overall technical direction and guidance, as required, for all Department of the Navy military and civilian attorneys engaged in reviewing such process or advising on its disposition. (2) Ensuring, as Director, Naval Legal Sevice, the availability of attorneys in Naval Legal Service Offices who are qualified to advise and assist the designated Officials Concerning the disposition of legal process, and (3) Where required, ensuring effective liaison with the Department of Justice or United States Attorneys.
$734.5 Administrative procedures.
The designated officials specified in $734.3, shall, in consultation with the Judge Advocate General and Commander, Navy Accounting and Finance Center or the Commandant of the Marine Corps (FD), as appropriate, establish procedures for effectively executing their aSSigned responsibilities. Implementing procedures shall conform with 42 U.S.C., 659, as amended, the Marine Corps manual, the Navy Comptroller Manual, and the Federal Personnel Manual.
PART 735–REPORTING BIRTHS AND DEATHS IN COOPERATION WITH OTHER AGENCIES
Sec. 735.1 Purpose. 735.2 Background. 735.3 Action.
AUTHORITY: 70A Stat. 278; 80 Stat. 379, 383; 5 U.S.C. 301, 552; and 10 U.S.C. 5031.
SOURCE: 51 FR 15321, Apr. 23, 1986, unless otherwise noted.
To promulgate latest guidance on reporting births and deaths, including
births to which part 138 of this title is applicable.
For Armed Forces members and their dependents on duty overseas, registration of Vital statistics with an appropriate foreign government may be a distinct advantage should documentary evidence, acceptable in all courts, be required at any future time. Department of Defense (DOD) policy is that military services will require their members to make Official record of births, deaths, marriages, etc., with local civil authorities in whose jurisdiction such events occur.
§ 735.3 Action.
When a medical officer has knowledge of a birth or death occurring under the following conditions, he or she shall refer the matter to the Commanding Officer for assurance of compliance with DOD policy. (a) Births. (1) In accordance with local health laws and regulations, the Commanding officer of a naval hospital in the United States (U.S.) shall report to proper civil authorities all births, including stillbirths, occurring at the hospital. Medical officers on ships and aircraft Operating within U.S. political boundaries, or at stations other than naval hospitals in the U.S., Shall report all births occurring within their profesSional cognizance. It shall be the duty Of the medical Officer to determine the requirements of local civil authorities for these reports. (2) When births occur on aircraft Or ships operating beyond U.S. political boundaries, the medical Officer responsible for delivery shall make a report to the Commanding officer, master of the ship, or to the officer in command of any aircraft, in every case to be reCorded in the ship or aircraft log. A report shall also be made to local civil authorities in the first port of entry if required by law and regulation of such authorities when births occur on a course inbound to the U.S. Additionally, the medical officer shall: (i) Furnish the parents with appropriate Certificates and shall, if the report is not accepted by the local registrar of vital statistics or other civil authority, or in any case in which local authority has indicated in writing that such a report will not be accepted, (ii) Advise the parents to seek the advice of the nearest office of the U.S. Immigration and Naturalization Service (USINS), at the earliest practicable time. USINS offices are located in ports of entry and in major cities of the United States. (iii) For births occurring on courses out-bound and beyond the continental limits of the U.S., report to the U.S. consular representative at the next appropriate foreign port. When the aircraft or ship does not enter a foreign port, procedures described in $735.3(a)(2)(ii) shall be followed. (3) Attention is invited to the fact that reports of birth may be forwarded to the Bureau of Health Statistics, Department of Health, Honolulu, Hawaii for any births occurring On courses destined for islands in the Pacific Ocean over which the United States has juris
diction as well as for those births which are otherwise accepted by civil authorities for Hawaii. (4) Part 138 of this title prescribes policy, responsibilities, and procedures On birth registration of infants born to U.S. citizens, in military medical facilities outside the United States and its possessions. (b) Deaths. When a death occurs at a naval activity in any State, Territory, or insular possession of the United States, the commanding officer or des– ignated representative shall report the death promptly to proper civil authorities in accordance with Naval Medical Command directives. If requested by these Civil authorities, the civil death Certificate may be prepared and signed by the cognizant naval medical officer. Local agreements concerning reporting and preparation of death certificates should be made between the naval facility and local civil authorities.