B-167253-O.M. July 15, 1969
Highlights
The award made to Stephany Swiader was in the principal amount of $28. There is currently due a payment of $539.67 on the award to Stephany Swiader and $179.89 to Stephany Swiader for 1/3 share of the award belonging to her deceased brother. The record shows that a Small Estate Affidavit was executed by Barbara F. The amount of the award that is now due for payment on the two claims is less than $1. It has been reported by the Treasury Department that the payments through 1980 will amount to approximately $6. Since payment in the case of a deceasd awardee may be made only to the person or persons found entitled thereto by the Comptroller General of the United States (22 U.S.C. 1626 (3)(1)) and inasmuch as the amount due for payment on the two claims will be in excess of $1.
B-167253-O.M. July 15, 1969
The Comptroller General
The Treasury Department, Bureau of Accounts, Investments Branch, Washington, D.C., has forwarded for examination, consideration and return, the file pertaining to an award made by the Foreign Claims Settlement Commission of the United States, to Stephany Swiader, now deceased, pursuant to Title I of the International Claims Settlement Act of 1940 (22 U.S.C. 1625(c), as amended, and the Polish Agreement of 1960. For the reasons shown in the file the Treasury Department requests our determination of the person entitled to payment.
The award made to Stephany Swiader was in the principal amount of $28,050.00, with interest thereon at 6% per annum from February 12, 1959 to July 16, 1960, in the sum of $2,403.04, under a decision rendered on claim No. PO-2916, dated July 21, 1965. There is currently due a payment of $539.67 on the award to Stephany Swiader and $179.89 to Stephany Swiader for 1/3 share of the award belonging to her deceased brother, Walter Krzeninski.
The record shows that a Small Estate Affidavit was executed by Barbara F. Swiader, the daughter and only heir-at-law of the late Stephany Swiader and Frank Swiader, deceased.
The amount of the award that is now due for payment on the two claims is less than $1,000.00. However, it has been reported by the Treasury Department that the payments through 1980 will amount to approximately $6,476.00 on the award to Stephany Swiader and $2,158.00 on her share of her brother's award.
Since payment in the case of a deceasd awardee may be made only to the person or persons found entitled thereto by the Comptroller General of the United States (22 U.S.C. 1626 (3)(1)) and inasmuch as the amount due for payment on the two claims will be in excess of $1,00.00 at a later date, there is doubt as to whether payment may now be made to the claimant without the necessity of the appointment of a legal representative. Therefore, the matter is submitted for your consideration and instruction.
A. R. Wise Chief, Payment Claims Branch
Indorsement
Director, Claims Division
Returned. Attention is derected to the decision of today's date to the Secretary of the Treasusry involving the claim of Barbara F. Swiader. Your paticular attention is derected to the last paragraph of that decision where it is held that Claims Settlements under Public Law 90-421 may be used as precedent for future payments without resubmission where the claimant remains the same, payment does not exceed $1,000.00, and the probative evidence does not change.
Lawrence J. Powers Comptroller General of the United States