A-20955, MARCH 26, 1928, 7 COMP. GEN. 594

A-20955: Mar 26, 1928

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PENSION CHECKS WHERE A CHECK FOR PENSION DUE AN INCOMPETENT PENSIONER FOR WHOM A GUARDIAN HAD BEEN PREVIOUSLY APPOINTED IS ISSUED IN FAVOR OF THE PENSIONER AND CANCELED BECAUSE PAYABLE TO THE GUARDIAN ONLY UPON THE EXECUTION OF A VOUCHER. THE PENSIONER DIES BEFORE A NEW CHECK IS ISSUED. THE UNPAID PENSION DOES NOT BECOME A PART OF THE ESTATE OF THE DECEASED AND IS NOT PAYABLE TO THE ADMINISTRATOR. 1928: THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF DAVID W. THE CHECK WAS RETURNED TO THE PENSION OFFICE BY THE GUARDIAN AND WAS CANCELED BY THAT OFFICE. NO OTHER CHECKS HAVE BEEN ISSUED FOR THIS PENSION. * * * 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.

A-20955, MARCH 26, 1928, 7 COMP. GEN. 594

PENSION CHECKS WHERE A CHECK FOR PENSION DUE AN INCOMPETENT PENSIONER FOR WHOM A GUARDIAN HAD BEEN PREVIOUSLY APPOINTED IS ISSUED IN FAVOR OF THE PENSIONER AND CANCELED BECAUSE PAYABLE TO THE GUARDIAN ONLY UPON THE EXECUTION OF A VOUCHER, AND THE PENSIONER DIES BEFORE A NEW CHECK IS ISSUED, THE UNPAID PENSION DOES NOT BECOME A PART OF THE ESTATE OF THE DECEASED AND IS NOT PAYABLE TO THE ADMINISTRATOR. CLAIMS BY PERSONS, IF ANY, ENTITLED THERETO AS ACCRUED PENSION SHOULD BE PRESENTED TO THE COMMISSIONER OF PENSIONS.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 26, 1928:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF DAVID W. MCINTYRE, ADMINISTRATOR OF THE ESTATE OF ADELIA L. MCINTYRE, FOR ALL OF THE PENSION DUE SAID ADELIA L. MCINTYRE PREVIOUS TO THE 4TH OF JULY, 1927, THE PENSIONER HAVING DIED JULY 28, 1927.

IT APPEARS FROM THE RECORD THAT CHECK NO. 7028609-AA FOR $30 ISSUED JULY 4, 1927, FOR PENSION DUE ADELIA L. MCINTYRE FOR THE PERIOD JUNE 4 TO JULY 3, 1927. ON JUNE 15, 1927, PRIOR TO THE ISSUANCE OF THIS CHECK, A GUARDIAN HAD BEEN APPOINTED FOR THE PENSIONER ON ACCOUNT OF HER INCOMPETENCY. THE CHECK WAS RETURNED TO THE PENSION OFFICE BY THE GUARDIAN AND WAS CANCELED BY THAT OFFICE, AND NO OTHER CHECKS HAVE BEEN ISSUED FOR THIS PENSION.

SECTIONS 4764 AND 4767, REVISED STATUTES, REQUIRED THE PAYMENT OF ALL PENSIONS TO BE MADE UPON VOUCHERS. SECTION 4766, REVISED STATUTES, AUTHORIZES THE PAYMENT OF PENSIONS OF PERSONS LABORING UNDER LEGAL DISABILITIES TO BE MADE TO GUARDIANS OF SUCH PERSONS IN THE MANNER PRESCRIBED IN THE STATUTE. THE ACT OF MARCH 2, 1895, 28 STAT. 964, PROVIDED THAT PENSIONS ACCRUED TO THE DATE OF THE DEATH OF A PENSIONER SHALL NOT BE CONSIDERED PART OF THE ASSETS OF THE ESTATE OF THE DECEASED BUT SHALL INURE TO THE SOLE BENEFIT OF THE WIDOW OR CHILDREN UNDER 16 YEARS OF AGE AT THE DATE OF THE PENSIONER'S DEATH. SECTION 3, ACT OF AUGUST 17, 1912, 37 STAT. 312, AUTHORIZED THE PAYMENT OF PENSIONS BY CHECKS WITHOUT VOUCHERS "EXCEPT IN THE CASE OF ANY PENSIONER IN WHICH THE LAW AUTHORIZES THE PENSION TO BE PAID TO SOME PERSON OTHER THAN THE PENSIONER, OR IN WHICH THE SECRETARY OF THE INTERIOR MAY CONSIDER A VOUCHER NECESSARY FOR THE PROTECTION OF THE GOVERNMENT," AND FURTHER PROVIDED THAT CHECKS RETURNED BECAUSE OF THE DEATH OR REMARRIAGE OF THE PENSIONER SHALL BE CANCELED. THE ACTS OF MAY 1, 1926, AND JULY 3, 1926, 44 STAT. 383 AND 807, BOTH PROVIDE THAT --

* * * 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.

AS A GUARDIAN FOR THE PENSIONER HAD BEEN APPOINTED IN THIS CASE BEFORE THE ISSUANCE OF THE CHECK, ITS ISSUANCE IN THE NAME OF THE PENSIONER AND WITHOUT A VOUCHER WAS UNAUTHORIZED AS IT PROPERLY COULD HAVE BEEN ISSUED ONLY IN THE NAME OF THE GUARDIAN AND UPON A VOUCHER EXECUTED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 4764 AND 4767, REVISED STATUTES. BEFORE THE EXECUTION OF THE VOUCHER THE PENSIONER HAD DIED AND AS THE ACTS OF MAY 1, 1926, AND JULY 3, 1926, SUPRA, ARE APPLICABLE ONLY IN THE CASE OF PENSION CHECKS PROPERLY ISSUED WITHOUT VOUCHERS, THE ACCRUED PENSION IN THIS CASE DID NOT BECOME A PART OF THE ESTATE OF THE DECEASED BUT MAINTAINED ITS STATUS AS ACCRUED PENSION AND THE PAYMENT THEREOF TO THE ADMINISTRATOR IS NOT AUTHORIZED. A 5055, OCTOBER 6, 1924.

SUCH CLAIM AS THERE MAY BE IN THIS CASE IS FOR PRESENTATION BY THE PERSON OR PERSONS, IF ANY, ENTITLED TO THE ACCRUED PENSION AND IS FOR CONSIDERATION BY THE COMMISSIONER OF PENSIONS UNDER THE LAWS RELATING TO THE PAYMENT OF ACCRUED PENSIONS.