A-7866, JUNE 12, 1926, 5 COMP. GEN. 975

A-7866, JUNE 12, 1926, 5 COMP. GEN. 975

ESTATES OF DECEDENTS - PENSION CHECKS OF INMATES OF NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS THE PROVISION IN THE ACT OF MAY 1, 1926, 44 STAT. 382, MAKING THE ISSUANCE RATHER THAN THE DELIVERY OF A CHECK IN PAYMENT OF A PENSION THE PIVOTAL FACT AND CHANGING THE PROCEEDS OF THE SAME FROM ACCRUED PENSION TO ASSETS OF THE DECEASED PENSIONER'S ESTATE, HAS NO APPLICATION TO CHECKS DRAWN BY THE TREASURERS OF THE VARIOUS BRANCHES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, AND THE PRACTICE HERETOFORE ESTABLISHED IN ACCORDANCE WITH DECISION OF MARCH 12, 1925, 4 COMP. GEN. 752, WITH RESPECT TO PENSION MONEY CHECKS DRAWN BY SUCH TREASURERS SHOULD CONTINUE.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT, BOARD OF MANAGERS, NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, JUNE 12, 1926:

I HAVE YOUR LETTER OF MAY 17, 1926, SUBMITTING FOR CONSIDERATION AND DECISION A QUESTION STATED THEREIN AS FOLLOWS:

1. REFERRING TO YOUR DECISION OF MARCH 12, 1925 (4 COMP. GEN. 752), RELATIVE TO CHECKS IN PAYMENT OF PENSION MONEY FOUND AMONG THE EFFECTS OF DECEASED MEMBERS OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

2. PUBLIC ACT NO. 166, 69TH CONGRESS, APPROVED MAY 1, 1926, CONTAINS IN SECTION 4 THEREOF THE FOLLOWING PROVISION:

"AND THE ISSUE OF A CHECK IN PAYMENT OF A PENSION FOR WHICH THE EXECUTION AND SUBMISSION OF A VOUCHER WAS NOT REQUIRED SHALL CONSTITUTE PAYMENT IN THE EVENT OF THE DEATH OF THE PENSIONER ON OR AFTER THE LAST DAY OF THE PERIOD COVERED BY SUCH CHECK, AND IT SHALL NOT BE CANCELED,BUT SHALL BECOME AN ASSET OF THE ESTATE OF THE DECEASED PENSIONER.'

3. IN THE DECISION OF MARCH 12, 1925, IT WAS HELD THAT THE ACT OF AUGUST 17, 1912 (37 STAT. 312), AND THE DECISION REPORTED IN 4 COMP. GEN., PAGE 310, HAD NO APPLICATION TO THE QUESTION UNDER DISCUSSION, FOR THE REASON THAT THE ACT OF AUGUST 17, 1912, SPECIFICALLY PROVIDED THAT NOTHING THEREIN SHOULD BE CONSTRUED AS AMENDING OR REPEALING THAT PORTION OF THE ACT OF AUGUST 7, 1882 (22 STAT. 322), CONCERNING THE PAYMENT OF PENSIONS DUE INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

4. IN VIEW OF THE PROVISION OF PUBLIC ACT NO. 166, ABOVE CITED, WHICH ACT CARRIES NO SPECIFIC PROVISION AS TO THE ACT OF AUGUST 7, 1882, SUPRA, I HAVE TO SUBMIT FOR YOUR DECISION THE QUESTION AS TO WHETHER THE PRACTICE NOW IN EFFECT UNDER YOUR DECISION OF MARCH 12, 1925, SUPRA, SHOULD BE MODIFIED; AND WHETHER CHECKS DRAWN BY A BRANCH TREASURER AND DELIVERED TO THE PENSIONER MEMBER OF THE HOME SHOULD BE TREATED AS A PART OF THE ASSETS OF HIS ESTATE.

THE ENACTMENT OF MAY 1, 1926, 44 STAT. 382, WAS ENTITLED:

AN ACT GRANTING PENSIONS AND INCREASE OF PENSIONS TO CERTAIN SOLDIERS AND SAILORS OF THE WAR WITH SPAIN, THE PHILIPPINE INSURRECTION, OR THE CHINA RELIEF EXPEDITION, TO CERTAIN MAIMED SOLDIERS, TO CERTAIN WIDOWS, MINOR CHILDREN, AND HELPLESS CHILDREN OF SUCH SOLDIERS AND SAILORS, AND FOR OTHER PURPOSES, * * *

AND THE ONLY PROVISION CONTAINED IN THE ACT WITH RESPECT TO INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS APPEARS IN THE PROVISO OF SECTION 3 THEREOF,"THAT NO ONE WHILE AN INMATE OF THE UNITED STATES SOLDIERS' HOME OR OF ANY NATIONAL OR STATE SOLDIERS' HOME SHALL BE PAID MORE THAN $50 PER MONTH UNDER THIS ACT.

THE PROVISION IN SECTION 4 QUOTED IN YOUR LETTER MUST BE CONSTRUED AND UNDERSTOOD AS HAVING PARTICULAR REFERENCE TO AND MODIFYING THE PROVISIONS OF THE ACT OF AUGUST 17, 1912, 37 STAT. 312, IN THE CONSTRUCTION AND APPLICATION OF WHICH IT WAS HELD THAT DELIVERY OF A PENSION CHECK TO THE PENSIONER WAS NECESSARY IN ORDER TO CONVERT THE PROCEEDS THEREOF FROM ACCRUED PENSION INTO ASSETS OF THE PENSIONER'S ESTATE. UNDER THE ENACTMENT OF MAY 1, 1926, IN SO FAR AS THE MATTERS DEALT WITH THEREIN ARE CONCERNED, THE ISSUE OF A CHECK RATHER THAN A DELIVERY OF THE SAME IS THE PIVOTAL FACT CHANGING THE PROCEEDS OF SUCH CHECK FROM ACCRUED PENSION TO ASSETS OF THE DECEASED PENSIONER'S ESTATE. THIS PROVISION IN SECTION 4, HOWEVER, CAN NOT REASONABLY BE CONSTRUED AS APPLYING TO PAYMENTS TO INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS BY THE TREASURERS OF THE VARIOUS BRANCHES OF SUCH INSTITUTION, SUCH PAYMENTS BEING GOVERNED BY OTHER LAWS. SEE 4 COMP. GEN. 752. AND SECTION 7 OF THE ACT OF MAY 1, 1926, SPECIFICALLY PROVIDES "THAT ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH OR INCONSISTENT WITH THE PROVISIONS OF THIS ACT ARE HEREBY MODIFIED AND AMENDED ONLY SO FAR AND TO THE EXTENT AS HEREIN SPECIFICALLY PROVIDED AND STATED.' THERE BEING NOTHING IN THIS ACT IN CONFLICT WITH OR INCONSISTENT WITH THE PROVISIONS OF THE ACTS OF AUGUST 7, 1882, 22 STAT. 322, AND JULY 1, 1902, 32 STAT. 564, PROVIDING FOR THE DISPOSITION OF ACCRUED PENSION DUE INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, AND THE PROVISIONS OF THE ACT OF JUNE 25, 1910, 36 STAT. 736, RELATING TO THE DISPOSITION OF THE PERSONAL PROPERTY OF SUCH INMATES DYING AT THE HOME, SPECIFICALLY MODIFYING AND AMENDING THE PROVISIONS OF THOSE ACTS, SUCH PROVISIONS REMAIN IN FULL FORCE AND EFFECT AND ARE NOT MODIFIED OR AMENDED BY THE PROVISION HERE UNDER CONSIDERATION.

YOU ARE ACCORDINGLY ADVISED THAT THE PRACTICE NOW IN EFFECT AT THE DIFFERENT BRANCHES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS UNDER DECISION OF THIS OFFICE OF MARCH 12, 1925, 4 COMP. GEN. 752, SHOULD CONTINUE AS HERETOFORE, THE PROVISION IN SECTION 4 OF THE ACT OF MAY 1, 1926, RELATING TO THE ISSUANCE OF PENSION CHECKS HAVING NO APPLICATION TO THE CHECKS FOR PENSION MONEY DRAWN BY THE TREASURERS OF SUCH INSTITUTION.