B-125391, OCT. 6, 1955
Highlights
HAVE BEEN FORWARDED HERE FOR REPLY. YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED JANUARY 28. THAT CONSIDERATION OF YOUR CLAIM IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. SINCE YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE SIX-YEAR PERIOD SPECIFIED IN THE ACT. IT WAS PROPERLY DISALLOWED. WHICH WAS SEPTEMBER 17. THAT THE CHECK WAS ISSUED AND MAILED TO YOU PURSUANT TO AN APPLICATION FOR REFUND SIGNED BY YOU AND FILED WITH THE COMMISSION IN NOVEMBER 1945.
B-125391, OCT. 6, 1955
TO MRS. CAROLINE ZWALD:
YOUR LETTERS OF MARCH 29, 1955, AND AUGUST 17, 1955, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES CONCERNING YOUR CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT CHECK NO. 19,408,675 FOR $257.18 DRAWN TO YOUR ORDER ON JANUARY 8, 1946, HAVE BEEN FORWARDED HERE FOR REPLY.
AS STATED IN OUR LETTER TO YOU DATED MARCH 25, 1955, YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED JANUARY 28, 1955, FOR THE REASON THAT THE RECORDS SHOW THE CHECK HAS BEEN NEGOTIATED AND PAID, AND THAT CONSIDERATION OF YOUR CLAIM IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, WHICH PROVIDES AS FOLLOWS:
"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'
SINCE YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE SIX-YEAR PERIOD SPECIFIED IN THE ACT, IT WAS PROPERLY DISALLOWED.
YOU STATE THAT YOU WAITED UNTIL YOUR 65TH BIRTHDAY, WHICH WAS SEPTEMBER 17, 1954, TO MAKE YOUR APPLICATION FOR THE RETIREMENT FUNDS. IT HAS BEEN INFORMALLY ASCERTAINED FROM THE CIVIL SERVICE COMMISSION, HOWEVER, THAT THE CHECK WAS ISSUED AND MAILED TO YOU PURSUANT TO AN APPLICATION FOR REFUND SIGNED BY YOU AND FILED WITH THE COMMISSION IN NOVEMBER 1945.