[Congressional Record Volume 144, Number 29 (Tuesday, March 17, 1998)]
[Senate]
[Page S2122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 1773. A bill for the relief of Mrs. Ruth Hairston by the waiver of 
a filing deadline for appeal from a ruling relating to her application 
for a survivor annuity; to the Committee on Governmental Affairs.


                       private relief legislation

  Mrs. FEINSTEIN. Mr. President, I rise this morning to introduce 
private relief legislation to assist Mrs. Ruth Hairston, of Carson, 
California. Identical legislation is proceeding through the House, an 
effort led by Representative Juanita Millender-McDonald and I am 
pleased to support this effort.
  Mrs. Hairston requires this extreme step in order to be able to 
pursue a federal court appeal of the Merit Systems Protection Board (# 
CSF 2221413), which denied Mrs. Hairston's eligibility for an annuity 
following the retirement and untimely death of her former husband. The 
legislation does not require the annuity, but will only permit the 
filing of an appeal with the United States Court of Appeals. As a 
result, Mrs. Hairston will be permitted to challenge the denial on the 
merits, rather than accept the denial due to the failure to file an 
appeal within thirty days.
  I would briefly like to describe the facts which warrant this 
legislation.
  Mr. Paul Hairston retired in 1980, electing a survivor annuity for 
Mrs. Hairston. However, the couple was divorced in 1985, entitling Mrs. 
Hairston to receive \1/2\ the retirement benefit under the settlement 
terms. Mr. and Mrs. Hairston began receiving benefits in 1988.
  The Merit Systems Protection Board, which reviews Civil Service 
retirement claims, concluded Mr. Hairston had failed to register Mrs. 
Hairston for survivors benefits following passage of 1985 law, renewing 
the survivor annuity previously selected in 1985. As a result, the 
spousal survivor benefits for Mrs. Hairston were canceled. Following 
Mr. Hairston's death in 1995, Mrs. Hairston's benefits, her portion of 
his retirement benefit under the divorce settlement, ceased. Mrs. 
Hairston was denied eligibility as a surviving spouse, but did not 
challenge or appeal the denial of eligibility, due to hospitalization 
and poor health.
  I am pleased to introduce this private relief legislation to assist 
my constituent Mrs. Ruth Hairston. While this legislation represents an 
extraordinary measure, the step is necessary in order to permit a 
federal court appeal of the denial of eligibility by he Merit Systems 
Protection Board. As I have previously stated, this legislation does 
not require any specific outcome. The federal court will review the 
appeal with all the rigor the case deserves. However, Mrs. Hairston 
will receive her day in court and the opportunity to challenger the 
decision by the Merit Systems Protection Board to deny eligibility.
  This legislation was brought to my attention by Representative 
Juanita Millender-McDonald, who has been pursuing identical legislation 
in the House. I understand Mrs. Hairston is under considerable 
financial pressure and could face foreclosure on her home. I am pleased 
to try to assist Mrs. Hairston in her appeal.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1773

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. WAIVER OF DEADLINE FOR APPEAL.

       For purposes of a petition by Mrs. Ruth Hairston of Carson, 
     California, for review of the final order issued October 31, 
     1995, by the Merit Systems Protection Board with respect to 
     docket number SF-0831-95-0754-I-1, the 30-day filing deadline 
     in section 7703(b)(1) of title 5, United States Code, is 
     waived.
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