[Congressional Record Volume 145, Number 138 (Wednesday, October 13, 1999)]
[Senate]
[Page S12555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 1720. A bill for the relief of Mrs. Ruth Hairston of Carson, 
California 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 am offering today legislation 
to assist Mrs. Ruth Hairston, of Carson, California. Identical 
legislation has passed the House without objection under the 
sponsorship of Representative Juanita Millender-McDonald. I am pleased 
to support this effort in the Senate.
  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 that warrant this 
legislation.
  Mr. Paul Hairston retired in 1980, electing a survivor annuity for 
Mrs. Hairston to receive one-half 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 legislation to assist my 
constituent Mrs. Ruth Hairston. While this legislation represents an 
extraordinary measure, the step is necessary in order to permit her to 
appeal the denial of eligibility by the Merit Systems Protection Board 
in federal court. 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 challenge the 
decision by the Merit Systems Protection Board to deny her eligibility.
  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 hope you and the 
subcommittee will support this bill so that Mrs. Hairston may begin to 
rebuild her life.
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