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The original documents are located in Box 54, folder "8/19/76 HR6156 Relief of Walma T Thompson" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. APPROVED AUG19/1976 & 8/19/76 THE WHITE HOUSE ACTION WASHINGTON Last Day: August 23 August 17, 1976 MEMORANDUM FOR THE PRESIDENT Posted FROM: JIM CANNON 8/21/76 SUBJECT: H.R. 6156 - For the Relief of Walma T. Thompson archives Attached for your consideration is H.R. 6156, sponsored by 8/23/76 Representative Mikva. The enrolled bill entitles Mrs. Alma Thompson to a civil service annuity by deeming her to have been married to Obert O. Thompson for the period of time prior to his death that is required by civil service retirement law. The Thompsons were married in 1944 and divorced in 1970 but remarried in 1971. Mr. Thompson died on March 9, 1973 and since the duration of the second marriage was 8 months less than the two years required by the civil service retirement law, she has been unable to receive survivor's benefits. The circumstances of the enrolled bill are similar to Pr. L. 94-57, which you approved on August 6. Additional information is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 6156 at Tab B. FORD A LIBRARY 07VH30 Digitized from Box 54 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library OF TIME $ EXECUTIVE OFFICE OF THE PRESIDENT OFFICE UNITED OFFICE OF MANAGEMENT AND BUDGET STATE WASHINGTON, D.C. 20503 AUG 16 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 6156 - For the relief of Walma T. Thompson Sponsor - Rep. Mikva (D) Illinois Last Day for Action August 23, 1976 - Monday Purpose Entitles Mrs. Thompson to a civil service survivor's annuity by deeming her to have been married to Obert O. Thompson for the period of time prior to his death that is required by civil service retirement law. Agency Recommendations Office of Management and Budget Approval Civil Service Commission Approval crmally) Discussion H.R. 6156 arises from circumstances very similar to those in a private relief bill which you approved on August 6, 1976, for Mrs. Mildred N. Crumley (Pr. L. 94-57). Under the civil service retirement law at the time of Obert O. Thompson's death, in order to qualify for a survivor's annuity, the surviving spouse had to either have been married to the deceased employee for at least two years immediately preceding the employee's death or been the parent of a child by that marriage. The "length of marriage" requirement (which has since been reduced to one year) is intended to avoid the acquisition of valuable survivor benefits by people who might marry employees or annuitants for that purpose. 2 Walma and Obert Thompson were married on August 19, 1944, were divorced on May 26, 1970, and remarried each other on October 10, 1971. Obert Thompson died on March 9, 1973. The Civil Service Commission (CSC) could not award Mrs. Thompson a survivor's benefit, since her second marriage to Mr. Thompson did not last for two years immediately preceding his death, and since the Thompsons had no children during their remarriage. H.R. 6156 would deem Mrs. Thompson to have been married to Obert Thompson for the two-year period before his death, and would authorize the payment of benefits to her retroactively, from the day after Mr. Thompson's death. The back-payment would be made in a lump sum. In reporting to the 93rd Congress on predecessor legislation, CSC pointed out that while it has consistently opposed paying benefits in cases of "deathbed" marriages, it did not believe this concern applies to the case of Mrs. Thompson, in which the years of the first and second marriages total over 27 years. CSC indicated that if the Congress determined that the special circumstances of this case warrant relief, it would not object. Congress has now made such a determination. CSC recommends approval of the enrolled bill, and we concur. James m. Director Trey for Legislative Reference Enclosures THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: August 17 Time: 938mm FOR ACTION: Max Friedersdorf cc (for information): Jack Marsh Ken Lazarus Jim Cavanaugh David Lissy Ed Schmults FROM THE STAFF SECRETARY DUE: Date: August 17 Time: 1100am SUBJECT: H.R. 6156-for the relief of Walma Thompson ACTION REQUESTED: For Necessary Action For Your Recommendations - Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing SEALED TORD LIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President UNITED STATE UNITED STATES CIVIL SERVICE COMMISSION CIVIL NOISSIMENT SERVICE WASHINGTON, D.C. 20415 CHAIRMAN August 16, 1976 Honorable James T. Lynn Director, Office of Management and Budget Executive Office of the President Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in reply to your request for the Commission's views on enrolled bill, H.R. 6156 "For the relief of Mrs. Walma T. Thompson." The enrolled bill would deem Mrs. Walma T. Thompson to be the "widow" of former Federal employee Obert O. Thompson for Civil Service Retirement purposes (5 U.S.C. 8341(a)). The bill, would authorize the payment of a survivor annuity benefit to Mrs. Thompson beginning the day after Mr. Thompson's death on March 9, 1973. The monthly survivor annuity pay- able would be $587.00 effective March 1, 1976, and a lump-sum of $20216.13 representing accrued annuity due from March 10, 1973 through July 31, 1976 would also be payable. At the time of Mr. Thompson's death, in order to qualify for a survivor annuity under the Civil Service Retirement law, the surviving spouse of a deceased employee must have been a "widow" or "widower" as defined by the retirement law, which means (a) be the surviving spouse who was mar- ried to the employee for at least two years immediately preceding his death or (b) be the parent of issue by that marriage. The Commission is without authority under the retirement law to pay Mrs. Thompson a survivor benefit. On her application Mrs. Thompson stated that she and the deceased were married on August 19, 1944, were divorced on May 26, 1970 and remarried each other on October 10, 1971. Mr. Thompson died on March 9, 1973. Accordingly, although Mrs. Thompson's first marriage to the decedent lasted for a period of almost 26 years, the subsequent second marriage existed for a period of only 1 year and 4 months. Thus, Mrs. Thompson did not meet the definition of "widow" set out in the retirement law because she had not been married to the decedent for 2 years immediately preceding his death nor was she the mother of issue by that marriage. 2 The length of marriage requirement, currently 1 year, in the retirement law for a survivor annuitant is intended to avoid the acquistion of valuable survivor benefits by people who might marry employees or annuitants for that purpose. While the Commission has consistently opposed paying benefits in cases of short-term marriages, the issue in the present case is one of pay- ing a survivor annuity where the deceased employee and the surviving spouse had been married for a total of over 27 years (during which time they were divorced for a period of only 1 year and 5 months). Since the Congress has determined that the special circumstances of this case warrant relief, the Commission has no objection and, accordingly re- commends that the President sign enrolled bill H.R. 6156. By direction of the Commission: Sincerely yours, Robert Chairman Hampton THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: August 17 Time: 930am FOR ACTION: Max Friedersdorf cc (for information): Jack Marsh Ken Lazarus Jim Cavanaugh David Lissy Ed Schmults FROM THE STAFF SECRETARY DUE: Date: August 17 Time: 1100am SUBJECT: H.R. 6156-for the relief of Walma Thompson ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing No objection - -- Ken Lazarus PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please For James M. Cannon THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: August 17 Time: 930am FOR ACTION: Max Friedersdorf cc (for information): Jack Marsh Ken Lazarus Jim Cavanaugh David Lissy Ed Schmults FROM THE STAFF SECRETARY DUE: Date: August 17 Time: 1100am SUBJECT: H.R. 6156-for the relief of Walma Thompson ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing working PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please For James N. Cannon THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: August 17 Time: 930am FOR ACTION: Max Friedersdorf RKW cc (for information): Jack Marsh Ken Lazarus Jim Cavanaugh David Lissy Ed Schmults FROM THE STAFF SECRETARY DUE: Date: August 17 Time: 1100am SUBJECT: H.R. 6156- for the relief of Walma Thompson ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please For James M. Cannon EXECUTIVE OFFICE OF THE PRESIDENT UNITED OFFICE OF MANAGEMENT AND BUDGET STATE WASHINGTON, D.C. 20503 8-16-45pm. AUG 16 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 6156 - For the relief of Walma T. Thompson Sponsor - Rep. Mikva (D) Illinois Last Day for Action August 23, 1976 - Monday Purpose Entitles Mrs. Thompson to a civil service survivor's annuity by deeming her to have been married to Obert O. Thompson for the period of time prior to his death that is required by civil service retirement law. Agency Recommendations Office of Management and Budget Approval Civil Service Commission Approval Informally) Discussion H.R. 6156 arises from circumstances very similar to those in a private relief bill which you approved on August 6, 1976, for Mrs. Mildred N. Crumley (Pr. L. 94-57). Under the civil service retirement law at the time of Obert O. Thompson's death, in order to qualify for a survivor's annuity, the surviving spouse had to either have been married to the deceased employee for at least two years immediately preceding the employee's death or been the parent of a child by that marriage. The "length of marriage" requirement (which has since been reduced to one year) is intended to avoid the acquisition of valuable survivor benefits by people who might marry employees or annuitants for that purpose. Attached document was not scanned because it is duplicated elsewhere in the document 94TH CONGRESS - HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-436 WALMA T. THOMPSON JULY 31, 1975.-Committed to the Committee of the Whole House and ordered to be printed Mr. MOORHEAD, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 6156] The Committee on the Judiciary, to whom was referred the bill (H.R. 6156) for the relief of Walma T. Thompson, having considered the same, report favorably thereon without amendment and recom- mend that the bill do pass. PURPOSE The purpose of the proposed legislation is to provide that for pur- poses of section 8341 of title 5, United States Code, Walma T. Thomp- son of Niles, Ill., widow of Obert O. Thompson, is deemed to have been married to Obert O. Thompson for the 2-year period before his death on March 9, 1973. The bill also provides that for the purposes of chapter 83 of title 5, United States Code, any entitlement of Walma T. Thompson to a survivor annuity is to be effective as of the day after the date of death of Obert O. Thompson, and any survivor annuity payments for the period before the date of the enactment of the bill are to be made in a lump sum. STATEMENT The U.S. Civil Service Commission in a report to the committee on the bill indicates that it has no objection to the bill. The bill would deem Mrs. Walma T. Thompson to be the widow of deceased Federal employee Obert O. Thompson for Civil Service Re- tirement law purposes (5 U.S.C. 8341 (a)). It would authorize the pay- ment of a survivor annuity benefit to Mrs. Thompson beginning the first calendar month after enactment of the bill. The monthly survivor annuity rate would amount to approximately $416. To qualify for a survivor annuity under the Civil Service Retire- ment law as the surviving spouse of a deceased Federal employee, the 57-007 2 3 spouse must be a "widow" or "widower" as defined by the retirement The Commission is without authority under the Civil Service Re- law, which means (a) be the surviving spouse who was married to the tirement law to pay Mrs. Thompson a survivor annuity benefit. The employee for at least 2 years immediately preceding his death or (b) Thompsons were married on August 19, 1944 and were divorced on be the parent of a child by that marriage (5 U.S.C. 8341(a)). May 26, 1970. They remarried each other on October 10, 1971. Mr. The Commission reports to the committee that it is without author- Thompson died, however, on March 9, 1973, less than two years after ity under the Civil Service Retirement law to pay Mrs. Thompson a the remarriage, and since the Thompsons had no children during their survivor annuity benefit. The Thompsons were married on August 19, remarriage, Mrs. Thompson does not meet the definition of "widow" 1944 and were divorced on May 26, 1970. They remarried each other set out in the retirement law. on October 10, 1971. Mr. Thompson died, however, on March 9, 1973, The eligibility requirements in the retirement law for a spouse sur- less than 2 years after the remarriage, and since the Thompsons had vivor annuitant are designed to prevent acquisition of valuable sur- no children during their remarriage. Mrs. Thompson does not meet vivor benefits by people who might marry employees of annuitants for the definition of "widow" set out in the retirement law. that purpose. The present annuity reduction required to provide bene- The eligibility requirements in the retirement law for a spouse sur- fits for a surviving spouse, made over the lifetime of the retiree, is not vivor annuitant are designed to prevent acquisition of valuable sur- nearly sufficient to pay the cost of providing spouse survivor annuities vivor benefits by people who might marry employees or annuitants already authorized by the retirement law, not to mention the cost of for that purpose. adverse selection which would result from paying spouse survivor an- In its report, the U.S. Civil Service Commission referred to the pol- nuities in "deathbed" marriage cases. While the Commission has con- icy which gives rise to the limitation which has operated to deny Mrs. sistently opposed paying benefits in cases of "deathbed" marriages, we Thompson an annuity in this instance. However, the Commission noted do not believe this concern applies to the present case, in which the that this is a case which merits an exception and found that the policy years of a first and second marriage total over 27 years. against so-called deathbed marriages should not be invoked in an Accordingly, if the Congress determines that the special circum- instance such as this in which the years of a first and second marriage stances of this case warrant relief, the Commission would not object to total over 27. Specifically, the Commission stated in its report as enactment of H.R. 10788. follows: If the Committee wishes to give favorable consideration to H.R. While the Commission has consistently opposed paying 10788, there are certain technical changes that should be made in the benefits in cases of "deathbed" marriages, we do not believe text. this concern applies to the present case, in which the years The Office of Management and Budget advises that from the stand- of a first and second marriage total over 27 years." point of the Administration's program there is no objection to the sub- The committee agrees that this is an appropriate case for legislative mission of this report. relief and recommends that the bill be considered favorably. By direction of the Commission U.S. CIVIL SERVICE COMMISSION, Sincerely yours, Washington, D.C., February 4, 1974. ROBERT HAMPTON, Chairman. Hon. PETER W. RODINO, JR., Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN This is in further reply to your request for the Commission's views on H.R. 10788, a bill "For the relief of Walma T. Thompson." H.R. 10788 would deem Mrs. Walma T. Thompson to be the "widow" of deceased Federal employee Obert O. Thompson for Civil Service Retirement law purposes (5 U.S.C. 8341 As we construe the bill, it would authorize the payment of a survivor annuity benefit to Mrs. Thompson beginning the first calendar month after enactment of the bill. The monthly survivor annuity rate would amount to ap- proximately $416.00. To quality for a survivor annuity under the Civil Service Retire- ment law as the surviving spouse of a deceased Federal employee, the spouse must be a "widow" or "widower" as defined by the retirement law, which means (a) be the surviving spouse who was married to the employee for at least two years immediately preceding his death or (b) be the parent of a child by that marriage (5 U.S.C. 8341 (a)). H.R. 436 H.R. 436 Calendar No. 1071 94TH CONGRESS SENATE REPORT 2d Session No. 94-1136 WALMA T. THOMPSON AUGUST 6, 1976.-Ordered to be printed Mr. EASTLAND, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 6156] The Committee on the Judiciary, to which was referred the bill (H.R. 6156) for the relief of Walma T. Thompson, having consid- ered the same, reports favorably thereon, without amendment, and recommends that the bill do pass. PURPOSE The purpose of the bill is to provide that for purposes of section 8341 of title 5, United States Code, Walma T. Thompson of Niles, Ill., widow of Obert O. Thompson, is deemed to have been married to Obert O. Thompson for the 2-year period before his death on March 9, 1973. The bill also provides that for the purposes of chapter 83 of title 5, United States Code, any entitlement of Walma T. Thompson to a survivor annuity is to be effective as of the day after the date of death of Obert O. Thompson, and any survivor annuity payments for the period before the date of the enactment of the bill are to be made in a lump sum. STATEMENT The facts of the case as contained in the House report are as follows: : The U.S. Civil Service Commission in a report to the com- mittee on the bill indicates that it has no objection to the bill. 57-007 2 3 The bill would deem Mrs. Walma T. Thompson to be the The Committee believes the bill is meritorious and recommends it widow of deceased Federal employee Obert O. Thompson for favorably. Civil Service Retirement law purposes (5 U.S.C. 8341 (a)). Attached and made a part of this report is a letter from the U.S. It would authorize the payment of a survivor annuity bene- Civil Service Commission to the House Committee on the Judiciary fit to Mrs. Thompson beginning the first calendar month in regard to H.R. 10788, a similar bill in the 93d Congress. after enactment of the bill. The monthly survivor annuity rate would amount to approximately $416. U.S. CIVIL SERVICE Commission, To qualify for a survivor annuity under the Civil Service Washington, D.C., February 4, 1974. Retirement law as the surviving spouse of a deceased Federal Hon. PETER W. RODINO, JR., employee, the spouse must be a "widow" or "widower" as Chairman, Committee on the Judiciary, defined by the retirement law, which means (a) be the surviv- House of Representatives, ing spouse who was married to the employee for at least 2 Washington, D.C. years immediately preceding his death or (b) be the parent DEAR MR. CHAIRMAN This is in further reply to your request for the of a child by that marriage (5 U.S.C. 8341 (a)). Commission's views on H.R. 10788, a bill "For the relief of Walma T. The Commission reports to the committee that it is without Thompson." authority under the Civil Service Retirement law to pay H.R. 10788 would deem Mrs. Walma T. Thompson to be the Mrs. Thompson a survivor annuity benefit. The Thompsons "widow" of deceased Federal employee Obert O. Thompson for Civil were married on August 19, 1944 and were divorced on May Service Retirement law purposes (5 U.S.C. 8341 (a)). As we construe 26, 1970. They remarried each other on October 10, 1971. Mr. the bill. it would authorize the payment of a survivor annuity benefit Thompson died, however, on March 9. 1973, less than 2 years to Mrs. Thompson beginning the first calendar month after enactment after the remarriage, and since the Thompsons had no chil- of the bill. The monthly survivor annuity rate would amount to ap- dren during their remarriage, Mrs. Thompson does not meet proximately $416.00. the definition of "widow" set out in the retirement law. To quality for a survivor annuity under the Civil Service Retire- The eligibility requirements in the retirement law for a ment law as the surviving spouse of a deceased Federal employee, the spouse survivor annuitant are designed to prevent acquisition spouse must be a "widow" or "widower" as defined by the retirement of valuable survivor benefits by people who might marry law, which means (a) be the surviving spouse who was married to the employees or annuitants for that purpose. employee for at least two years immediately preceding his death or In its report, the U.S. Civil Service Commission referred (b) be the parent of a child by that marriage (5 U.S.C. 8341 (a)) to the policy which gives rise to the limitation which has The Commission is without authority under the Civil Service Re- operated to deny Mrs. Thompson an annuity in this instance. firement law to pay Mrs. Thompson a survivor annuity benefit. The However, the Commission noted that this is a case which Thompsons were married on August 19, 1944 and were divorced on merits an exception and found that the policy against so- May 26, 1970. They remarried each other on October 10, 1971. Mr. called deathbed marriages should not be invoked in an in- Thompson died, however, on March 9, 1973, less than two years after stance such as this in which the years of a first and second the remarriage, and since the Thompsons had no children during their marriage total over 27. Specifically, the Commission stated in remarriage, Mrs. Thompson does not meet the definition of "widow" its report as follows: set out in the retirement law. "While the Commission has consistently opposed paying The eligibility requirements in the retirement law for a spouse sur- benefits in case of 'deathbed' marriages, we do not believe vivor annuitant are designed to prevent acquisition of valuable sur- this concern applies to the present case, in which the years of vivor benefits by people who might marry employees of annuitants for a first and second marriage total over 27 years." that purpose. The present annuity reduction required to provide bene- The committee agrees that this is an appropriate case for fits for a surviving spouse, made over the lifetime of the retiree, is not legislative relief and recommends that the bill be considered nearly sufficient to pay the cost of providing spouse survivor annuities favorably. already authorized by the retirement law, not to mention the cost of The technical changes that were recommended in the report of the adverse selection which would result from paying spouse survivor an- U.S. Civil Service Commission sent to the House Committee on the nuities in "deathbed" marriage cases. While the Commission has con- Judiciary in regard to H.R. 10788, a similar bill in the 93d Congress, sistently opposed paying benefits in cases of "deathbed" marriages, we have been incorporated into the text of H.R. 6156. do not believe this concern applies to the present case, in which the years of a first and second marriage total over 27 years. S.R. 1136 S.R. 1136 4 Accordingly, if the Congress determines that the special circu- stances of this case warrant relief, the Commission would not object to enactment of H.R. 10788. If the Committee wishes to give favorable consideration to H.R. 10788, there are certain technical changes that should be made in the text. The Office of Management and Budget advises that from the stand- point of the Administration's program there is no objection to the sub- mission of this report. By direction of the Commission: Sincerely yours, ROBERT HAMPTON, Chairman. S.R. 1136 H. R. 6156 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act For the relief of Walma T. Thompson. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for purposes of section 8341 of title 5, United States Code, Walma T. Thompson of Niles, Illinois, widow of Obert O. Thompson, is deemed to have been married to Obert O. Thompson for the two-year period before his death on March 9, 1973. Walma T. Thompson and Obert O. Thompson were married for approximately twenty-seven years, and were married at the time of his death, but, because of an intervening divorce, Walma T. Thompson is not eligible, but for this Act, to receive a survivor annuity under this section. SEC. 2. For purposes of chapter 83 of title 5, United States Code, any entitlement of Walma T. Thompson to a survivor annuity by reason of the first section of this Act shall be effective as of the day after the date of death of Obert O. Thompson. Any survivor annuity payments to which Walma T. Thompson is SO entitled for the period before the date of the enactment of this Act shall be made in a lump sum. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.