GN 00304: Proof of Death
TN 16 (09-11)
A. Policy for forfeiture of entitlement
1. Adult
An adult convicted of the felonious and intentional homicide of another person cannot be entitled to monthly benefits or the Lump Sum Death Payment (LSDP) on the earnings record of that person, or receive any underpayment due the deceased person.
Consider the convicted person as nonexistent in determining the entitlement of other survivors, or the amount of their benefits.
2. Juvenile
Beginning 03/1982, the following applies to survivors subject to the juvenile justice system:
If... |
Then... |
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Found by a court of competent jurisdiction to have intentionally caused the Number Holder's (NH) death by an act which, if committed by an adult, would be considered a felony or an act in the nature of felony |
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The conviction is post-adjudicative |
Terminate benefits retroactively to 02/1982, or the date of the NH's death, whichever is later. NOTE: This applies even if the NH's death or the juvenile justice proceedings occurred prior to March 30, 1982. |
B. Definitions
1. Intent
A wish or expectancy that an act will have a certain result (regardless of the actual likelihood of such a result).
The presence of will in the commission of a criminal act where the individual is fully aware of the nature and probable consequences of the act that he or she plans to commit. This applies whether the individual desires that such consequences occur or is indifferent as to their occurrence.
Seldom intent is established by direct proof, but must be inferred from facts.
2. Felonious and intentional homicide
Crimes committed by adults (including childhood disability beneficiaries CDB) considered intentional and legally felonious (or acts in the nature of a felony); and
Acts committed by juveniles that are intentional and would be considered felonies, if committed by an adult (though in fact, such acts by juveniles are not felonies under applicable State law).