[House Report 106-179]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-179
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FOR THE PRIVATE RELIEF OF RUTH HAIRSTON BY WAIVER OF A FILING DEADLINE
FOR APPEAL FROM A RULING RELATING TO HER APPLICATION FOR A SURVIVOR
ANNUITY
_______________________________________________________________________
June 9, 1999.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary submitted the
following
R E P O R T
[To accompany H.R. 660]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 660) for the private relief of Ruth Hairston by
waiver of a filing deadline for appeal from a ruling relating
to her application for a survivor annuity, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 2
Background and Need for the Legislation.................... 2
Hearings................................................... 2
Committee Consideration.................................... 2
Committee Oversight Findings............................... 3
Committee on Government Reform and Oversight Findings...... 3
New Budget Authority and Tax Expenditures.................. 3
Congressional Budget Office Cost Estimate.................. 3
Constitutional Authority Statement......................... 4
Purpose and Summary
H.R. 660 would allow the claimant to petition the U.S.
Court of Appeals for a review of the Merit Systems Protection
Board decision denying her the annuity.
Background and Need for the Legislation
Ms. Hairston's husband retired with 35 years of civil
service. When he retired, he elected to provide a survivor
annuity for Ms. Hairston with a reduced annuity for himself.
After 53 years of marriage, the Hairstons divorced.
The Civil Service Retirement Spouse Equity Act of 1985
allowed a spouse to elect a survivor annuity within 2 years
following the divorce. When Mr. Hairston received the notice of
this option which in part said `` . . . you may elect a
survivor annuity for that former spouse within 2 years after
the marriage ended. You will have to accept a reduced annuity .
. . '', he assumed he had already met the requirement of
responding to the letter. He had already elected to provide Ms.
Hairston with a survivor annuity and accepted a reduced
annuity.
The Hairstons were divorced in 1987. Mr. Hairston never
attempted to stop Ms. Hairston's annuity or increase his
reduced annuity. Ms. Hairston started receiving annuity
payments in 1988 as a result of the community property ruling
regarding Mr. Hairston's civil service pension. Therefore, she
was not aware of any need to reiterate Mr. Hairston intent to
provide her with the survivor annuity.
In 1995, Mr. Hairston died. Because Mr. Hairston had never
sent proper notification of his intent to provide Ms. Hairston
with a survivor annuity, Ms. Hairston's annuity payments were
stopped upon his death.
Ms. Hairston appealed the Office of Personnel Management
decision to deny her annuity to the Merit Systems Protection
Board. The Board denied her appeal, with a dissent by the
Chairman of the Board. At that time written notification was
sent to Ms. Hairston that she had 30 days to appeal.
The Subcommittee has received testimonials from medical
professionals caring for Ms. Hairston. They indicate that due
to Ms. Hairston's medical condition during the period in which
she could appeal, she was unable to do so.
This bill does not reach a conclusion on Ms. Hairston's
annuity claim. The bill would only allow the 30-day time period
for an appeal request to be waived, so that Ms. Hairston may
petition the U.S. Court of Appeals for a review of the Merit
Systems Protection Board decision denying her the annuity.
Hearings
The Committee's Subcommittee on Immigration and Claims held
no hearings on H.R. 660.
Committee Consideration
On March 4, 1999, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R.660 without amendment by voice vote, a quorum being
present.
On May 19, 1999, the Committee on the Judiciary met in open
session and ordered reported favorably the bill H.R. 660, by
voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 3(c)(1) of Rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of Rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 3(c)(4) of Rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of Rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 660, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 20, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 660, a bill for
the private relief of Ruth Hairston by waiver of a filing
deadline for appeal from a ruling relating to her application
for a survivor annuity.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
H.R. 660.--A bill for the private relief of Ruch Hairston by waiver of
a filing deadline for appeal from a ruling relating to her
application for a survivor annuity.
H.R. 660 would permit Ms. Hairston to petition the U.S.
Court of Appeals to review a decision made by the Merit Systems
Protection Board (MSPB), wherein it upheld the government's
decision to deny Ms. Hairston annuity payments. If the court
were to reverse the decision made by MSPB and reinstate the
annuity payments, the bill would increase direct spending from
the Civil Service Retirement and Disability Fund. The amount of
any annual increase, however, would be negligible. Because the
bill could affect direct spending, pay-as-you-go procedures
would apply.
The CBO staff contact is John R. Righter, who can be
reached at 226-2860. This estimate was approved by Robert A.
Sunshine, Deputy Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article 1, Section 1, Clause 8 of the
Constitution.
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