A-23980, AUGUST 31, 1928, 8 COMP. GEN. 98

A-23980: Aug 31, 1928

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IS NOT TO BE DENIED BECAUSE SUCH EX-OFFICERS MADE APPLICATION FOR AND RECEIVED RETIREMENT PAY UNDER THE PROVISIONS OF THE ACT OF MAY 24. AMENDMENTS THERETO. * * * IT WILL BE NOTED THAT THE SUBSTITUTION IS TO BE ONLY FOR DISABILITY COMPENSATION WHICH THE OFFICER HIMSELF WOULD RECEIVE. THERE APPEARS NOTHING IN THE STATUTE THAT REASONABLY MIGHT BE CONSTRUED AS DEFEATING THE RIGHTS OF DEPENDENTS OF SUCH PERSONS TO COMPENSATION UNDER THE WORLD WAR VETERANS' ACT WHICH THEY WOULD HAVE HAD INDEPENDENTLY OF SAID ACT OF MAY 24.

A-23980, AUGUST 31, 1928, 8 COMP. GEN. 98

VETERANS' BUREAU - FORMER OFFICERS APPLYING FOR RETIREMENT - RIGHTS OF DEPENDENTS DEATH COMPENSATION UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT AND ITS AMENDMENTS, OTHERWISE PAYABLE TO THE DEPENDENTS OF DECEASED EX- OFFICERS OF THE ARMY, NAVY, OR MARINE CORPS, IS NOT TO BE DENIED BECAUSE SUCH EX-OFFICERS MADE APPLICATION FOR AND RECEIVED RETIREMENT PAY UNDER THE PROVISIONS OF THE ACT OF MAY 24, 1928, 45 STAT. 735.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, AUGUST 31, 1928:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 1, 1928, REQUESTING DECISION WHETHER DEATH COMPENSATION MAY BE PAID UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT AND ITS AMENDMENT TO THE DEPENDENTS OF DECEASED EX-OFFICERS OF THE ARMY, NAVY, OR MARINE CORPS WHO MADE APPLICATION FOR AND RECEIVED RETIREMENT PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE ACT OF MAY 24, 1928, 45 STAT. 735.

THE FIRST PROVISO TO THE ACT OF MAY 24, 1928, SUPRA, CONTAINS THE FOLLOWING:

* * * PROVIDED, THAT ALL PAY AND ALLOWANCES TO WHICH SUCH PERSONS OR OFFICERS MAY BE ENTITLED UNDER THE PROVISIONS OF THIS LAW * * * SHALL BE IN LIEU OF ALL DISABILITY COMPENSATION BENEFITS TO SUCH OFFICERS OR PERSONS PROVIDED IN THE WORLD WAR VETERANS' ACT, 1924, AND AMENDMENTS THERETO. * * *

IT WILL BE NOTED THAT THE SUBSTITUTION IS TO BE ONLY FOR DISABILITY COMPENSATION WHICH THE OFFICER HIMSELF WOULD RECEIVE. THERE APPEARS NOTHING IN THE STATUTE THAT REASONABLY MIGHT BE CONSTRUED AS DEFEATING THE RIGHTS OF DEPENDENTS OF SUCH PERSONS TO COMPENSATION UNDER THE WORLD WAR VETERANS' ACT WHICH THEY WOULD HAVE HAD INDEPENDENTLY OF SAID ACT OF MAY 24, 1928.