DEFINITION OF THE TERM 'CHILD' UNDER RETIREMENT ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000700140004-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 19, 2016
• Document Release Date: August 4, 2006
• Sequence Number: 4
• Publication Date: February 9, 1965
• Content Type: REPORT

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89TH CONGRESS j HOUSE OF REPRESENTATIVES REPORT
Ist$ession s No. 33
DEFINITION OF THE TERM "CHILD" UNDER
RETIREMENT ACT
FEBRUARY 9, 1965.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. MURRAY, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
The Committee on Post Office and Civil Service, to whom was
referred the bill (H.R. 1746) to define the term "child" for lump-sum
payment purposes under the Civil Service Retirement Act, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
The purpose of this proposal is to relieve a problem the U.S. Civil
Service Commission has encountered in administering the provisions
of section 11 of the Civil Service Retirement Act by defining a "child"
for the purposes of section 11 of the act as including an adopted child
and a natural child, but not including a stepchild.
This legislation is based on an official administration recommenda-
tion of the 88th Congress which was passed unanimously by the House
of Representatives but not acted on by the Senate. The administra-
tion recommends enactment of H.R. 1746.
A lump sum is payable from the civil service retirement fund when
there is no survivor annuity payable or when all survivor annuities
terminate before the amount to the credit of the deceased employee
or annuitant in the fund is exhausted. The lump sum is payable to
the heirs of the decedent under the provisions of section 11 of the
Civil Service Retirement Act.
In general, the Commission has followed the practice, in making
such lump-sum payments, of including all natural children, including
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an illegitimate child. However, this practice is frequently challenged
in some States where illegitimate children are not entitled to inherit
even from a natural parent.
This legislation Was recommended by the Commission so that there
may be a uniform practice and a consistent rule for all Federal em-
ployees, and to avoid misunderstandings, appeals from decisions, and
litigation in the limited number of affected cases.
The first section will remove an administration problem by defining
a "child," for the purposes of section 11, as including an adopted
child and a natura] child, but not including a stepchild. The step-
child is excluded because a stepchild, under most State laws, is not an
heir or next of kin; and does not inherit from a stepparent except
under the specific terms of a will.
While it does not appear that this legislation would result in any
additional benefits such as would require the appropriation of addi-
tional funds, as contemplated by the provisions under the heading
"Civil Service Retirement and Disability Fund," in title I of the
Independent Offices; Appropriations Act, 1959, Public Law 85-844,
section 2 of H.R. 17;46 is included as a precaution in the event addi-
tional benefits do occur which cannot be foreseen by the committee.
In such event, the additional benefits would be payable from the fund.
No additional costs are involved in this proposal. It is expected
that there will be an administrative saving in connection with the
adjudication of claims and the elimination of litigation should this
proposal be adopted.
The official request from the U.S. Civil Service Commission for
the enactment of this legislation and agency reports are as follows :
U.S. CIVIL SERVICE COMMISSION,
Washington, D.C., January 24, 1963.
Hon. JOHN W. MCCORM.ACK,
Speaker of the House of Representatives.
DEAR MR. SPEAKER,: In line with the apparent weight of judicial
precedent, a child for: Civil Service Retirement Act benefit purposes
was for years generally considered as involving legitimate offspring.
This general exclusion of illegitimate (natural) children was con-
tinued after the February 28, 1948, amendment introduced a plan for
automatic widows' and children's survivor annuity for employees
dying in service; for this purpose, the amendment defined children as
follows:
"The term `child' means an unmarried child, including a dependent
stepchild or an adopted child, under the age of eighteen years, or
such unmarried child who because of physical or mental disability is
incapable of self-support."
In the unreported case of Visor v. United States, the U.S. District
Court for the Eastern District of Missouri, Eastern Division, held the
illegitimate children of, a deceased civil servant entitled to survivor
annuity under the 1948 amendment. The court's memorandum
opinion, filed February 16, 1955, prior to actual judgment, recited in
pertinent part:
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DEFINE TERM "CHILD" UNDER RETIREMENT ACT 3
"Defendant contends that the term `child' as used in the statute
refers to legitimate children only and that if Congress had intended
to include illegitimate children, it would have so stated. We feel,
however, that if Congress had intended to exclude illegitimate chil-
dren it would have so stated. In various other statutes in which
illegitimate children were excluded, Congress has so provided by
using the term `legitimate children'."
The Commission accepted and applied this principle for survivor
annuity and for lump-sum retirement payments. When reenacting
the Civil Service Retirement Act in its entirety in 1956, Congress with
Commission concurrence limited survivor annuity in this area to a
"recognized natural child who received more than one-half his support
from and lived with the member or employee in a regular parent-child
relationship" (5 U.S.C. 2251(j)). This had the effect of restricting
the Visor holding to illegitimates as described and denying survivor
annuity to those beyond that scope.
The 1956 definition does not extend to lump-sum death payments
under the Retirement Act, which payments are due only if no survivor
annuity is payable or if all survivor annuities terminate before the
amount to the deceased employee's credit in the retirement fund is
exhausted. The Commission's position in still following the cited
Visor principle as regards lump-sum payments is frequently and per-
suasively challenged in States where illegitimate children are not
entitled to inherit or are otherwise not recognized on the same footing
as legitimates. In other words, we are faced with a possible necessity
of checking the appropriate State law and current judicial precedent
each time a case of this nature arises.
This time-consuming administrative problem can be avoided by
statutorily specifying the status of illegitimate children for purposes
of lump-sum settlements as has already been done with respect to
survivor annuities. The Commission believes that illegitimate chil-
dren should be here recognized on a par with other children. Since
adult children will generally be involved in lump-sum cases, the half-
support and living-with requirements applicable to survivor annuity
situations are inappropriate.
There is accordingly attached a draft bill to effect the desired result.
It will involve no Government cost whatsoever, but will produce an
administrative saving in connection with adjudicating claims and
should eliminate litigation in the area. The Commission recommends
its introduction and early enactment into law.
The Bureau of the Budget advises that from the standpoint of the
administration's program there is no objection to the submission of
this proposal.
By direction of the Commission.
Sincerely yours,
JOHN W. MACY, Jr., Chairman.
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4 DEFINE TERM "CHILD" UNDER RETIREMENT ACT
U.S. CIVIL SERVICE COMMISSION,
Hon. TOM MURRAY Washington, D. C'., February 1, 1965.
,
Chairman, Committee on Post Office and Civil Service,
House of Representatives.
DEAR MR. CHAIRMAN: This refers further to your letter of Jan-
uary 12, 1965, requesting Commission report on H.R. 1746, a bill
"To define the term `child' for lump-sum payment purposes under
the Civil Service Retirement Act."
H.R. 1746 embodies legislation officially recommended by the
Commission in the 87th and 88th Congresses. Our submission to the
88th Congress resulted in the introduction of H.R. 3612 and S. 618.
Public hearing was held March 26, 1963 on H.R. 3612 before your
committee. Shortly thereafter the bill was reported (H. Rept. 193, dated
Apr. 4, 1963) to the House of Representatives and was passed by that
body on April 22, 1;963. The legislation made no progress in the
Senate, however, and failed of enactment.
H.R. 1746, which is identical to H.R. 3612 of the 88th Congress,
proposes a clarifying' amendment to the Retirement Act definition of
"child" which is still needed. An explanation of the basis for this
need follows.
Prior to 1955, the ;provisions of the Civil Service Retirement Act
authorizing benefits to a child were interpreted by the Commission to
include only a legitimate child as that term is used generally in the
laws of domestic relations and statutes of descent and distribution.
Survivor annuity benefits, and also lump-sum death benefits were
denied a child if evidence showed him to be illegitimate. This con-
struction of the law was in line with court decisions on similar statu-
tory provisions affecting social security benefits and pay and allow-
ances of officers in the uniformed services.
However, in 1955, in a case arising in Missouri (Visor v. United
States, unreported, decided Feb. 28, 1955), the U.S. District
Court for the Eastern District of Missouri held that since the Retire-
ment Act did not specifically exclude illegitimate children, they
should be viewed as included.
The Commission accepted and applied this principle for survivor
annuit and for lump-sum retirement payments. When reenacting the
Civil Service Retirement Act in its entirety in 1956, Congress with
Commission concurrence limited survivor annuity in this area to a
"recognized natural child who received more than one-half his support
from and lived with the member or employee in a regular parent-child
relationshi " (6 U.S.C. 2251(j)). This had the effect of restricting the
Visor holding to illegitimates as described and denying survivor
annuity to those beyond that scope.
The 1956 .definition' does not extend to lump-sum death payments
under the Retirement Act, which payments are due only if no survivor
annuity is payable or if all survivor annuities terminate before the
amount to the deceased employee's credit in the retirement fund is
exhausted. Although; the act does not presently define "child" for
lump-sum benefit purposes, the Commission has since 1955 consistently
followed the holding of the district court in the Visor case and does not
withhold lump-sum benefits from illegitimate children.
Because the Retirement Act is silent as to its intention we are
urged by claimants and their attorneys to disregard the court decision
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DEFINE TERM "CHILD" UNDER RETIREMENT ACT 5
and not view it as a precedent in States where illegitimates are not
entitled to inherit or are recognized as having rights inferior to those of
legitimate children. A desire to have a uniform practice and con-
sistent rule for all Federal employees, and to avoid misunderstandings,
appeals from decisions, and litigation in the limited number of affected
cases prompted the Commission to seek legislation to statutorily define
"child" for lump-sum benefit purposes as specifically including illegiti-
mate children. Since adult children generally are involved in lump-
sum cases, the half-support and living-with requirements applicable to
survivor annuity situations are omitted from the lump-sum benefit
definition as unnecessary.
H.R. 1746 proposes precisely the amendatory legislation previously
recommended by the Commission and we urge that the bill be enacted
into law. Enactment of the bill will involve no Government cost, but
will produce an administrative saving by the elimination of disputes,
appeals, and litigation in the adjudication of lump-sum death benefit
claims.
The Bureau of the Budget advises that from the standpoint of the
administration's program there is no objection to the submission of
this report.
By direction of the Commission.
Sincerely yours,
JOHN W. MACY, Jr., Chairman.
EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D.C., January 29, 1965.
Hon. TOM MURRAY,
Chairman, Committee on Post Office and Civil Service,
House of Representatives,
Washington, D.C.
DEAR MR. CHAIRMAN: Reference is made to the committee's re-
quest for the views of the Bureau of the Budget respecting H.R. 1746,
a bill "To define the term `child' for lump-sum payment purposes
under the Civil Service Retirement Act."
The bill would specify in statute the status of illegitimate children
for purposes of lump-sum settlement under the Civil Service Retire-
ment Act. The status of such persons for purposes of survivor
annuity is already specified in that act.
There would be no objection from the standpoint of the administra-
tion's program to the enactment of H.R. 1746.
Sincerely yours, 7~'
PHILLIP S. HUGHES,
Assistant Director for Legislative Reference.
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6 DEFINE TERM "CHILD" UNDER RETIREMENT ACT
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
ported, are shown asfollows (new matter is printed in italic, existing
law in which no change is proposed is shown in roman):
SECTION 1(j) of THE CIVIL SERVICE RETIREMENT ACT
(5 U.S.C. 2251(j))
Section 1. Wherever used in this Act-
(j) The term "child", for purposes of section 10, shall mean an un-
married child, including (1) an adopted child, and (2) a stepchild or
recognized natural child who received more than one-half his support
from and lived with, the Member or employee in a regular parent-
child relationship, under the age of eighteen years, or such unmarried
child regardless of age who because of physical or mental disability
incurred before age eighteen is incapable of self-support. The term
"child", for purposes ;of section 11, shall include an adopted child and
a natural child, but shall not include a stepchild.
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