Family Members Can Manage Lawsuits for Deceased

November 11, 2004

If a federal employee involved in a lawsuit against his or her employing agency dies before resolution of the case, a family member can continue with the case.

In one Merit Systems Protection Board (MSPB) case, the record showed that the appellant involved was divorced from her husband and, at the time of her death, she was unmarried with three adult children.

There was no record that she made any beneficiary designation in connection with any annuity benefits that she was entitled to. Her lawsuit was over annuity benefits. Because she had made no beneficiary designation, her surviving children would be next in order to claim any unpaid annuity. Her son decided to substitute his name as the appellant in the case, which MSPB ruled as permissible.

This is not the only case of this kind. In 2002, Victor San Andres applied for an annuity under the Civil Service Retirement System (CSRS). When his application was denied, San Andres filed a petition for judicial review.

According to the court, he died two days later. MSPB then had the task of determining whether Emerson San Andres, who had been acting as San Andres' representative throughout the litigation, and claimed to be the appellant's son, could be substituted for San Andres.

MPSB ruled Emerson San Andres had the right to be substituted as the proper party.

According to federal regulations, a "proper party" is allowed to step in as a substitute on the death of an appellant. Allowing another person to continue a case is allowed only if the interests of the appellant will not be terminated because of the appellant's death.

Under current federal regulations, when an annuitant dies, any annuity that has accrued and is unpaid shall be paid-if the annuitant has died, it will be paid to his or her beneficiary (usually family).