A-26328, MARCH 13, 1929, 8 COMP. GEN. 489

A-26328: Mar 13, 1929

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ARE PAYABLE IN CASE OF THE DEATH OF BENEFICIARIES IN RECEIPT OF RETIREMENT PAY UNDER THE ACT OF MAY 24. IN THE SAME MANNER AS IS AUTHORIZED WHERE IN RECEIPT OF DISABILITY COMPENSATION. FOR WHICH SUCH RETIREMENT PAY IS SUBSTITUTED. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED OF THE BURIAL EXPENSES OF RETIRED EMERGENCY OFFICERS. WHILE THEY ARE IN RECEIPT OF RETIREMENT PAY UNDER THE PROVISIONS OF THE ACT OF MAY 24. IN SO FAR AS IS HERE MATERIAL. IS AS FOLLOWS: 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.

A-26328, MARCH 13, 1929, 8 COMP. GEN. 489

BURIAL EXPENSES - RETIRED EMERGENCY OFFICERS BURIAL EXPENSES, UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT, ARE PAYABLE IN CASE OF THE DEATH OF BENEFICIARIES IN RECEIPT OF RETIREMENT PAY UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735, IN THE SAME MANNER AS IS AUTHORIZED WHERE IN RECEIPT OF DISABILITY COMPENSATION, FOR WHICH SUCH RETIREMENT PAY IS SUBSTITUTED.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, MARCH 13, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 28, 1929, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED OF THE BURIAL EXPENSES OF RETIRED EMERGENCY OFFICERS, WHEN THEY DIE WHILE NOT UNDER BUREAU MEDICAL CARE, BUT WHILE THEY ARE IN RECEIPT OF RETIREMENT PAY UNDER THE PROVISIONS OF THE ACT OF MAY 24, 1928, 45 STAT. 735, WHICH, IN SO FAR AS IS HERE MATERIAL, IS AS FOLLOWS:

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. * * *

TITLE II OF THE WORLD WAR VETERANS' ACT, 1924, 43 STAT. 615, HAS APPLICATION TO COMPENSATION AND TREATMENT OF BENEFICIARIES UNDER THE ACT. SECTION 201 THEREUNDER PROVIDES FOR COMPENSATION IN THE CASE OF DEATH OF THE BENEFICIARY, AND PARAGRAPH (1) OF SUCH SECTION, AS AMENDED BY THE ACT OF MAY 29, 1928, 45 STAT. 966, SETS FORTH THE CONDITIONS UNDER WHICH BURIAL EXPENSES ARE PAYABLE, AS FOLLOWS:

* * * WHERE A VETERAN OF ANY WAR, * * * WHO WAS NOT DISHONORABLY DISCHARGED, DIES AFTER DISCHARGE OR RESIGNATION FROM THE SERVICE, THE DIRECTOR, IN HIS DISCRETION AND WITH DUE REGARD TO THE CIRCUMSTANCES OF EACH CASE, SHALL PAY FOR BURIAL AND FUNERAL EXPENSES AND THE TRANSPORTATION OF THE BODY (INCLUDING PREPARATION OF THE BODY) TO THE PLACE OF BURIAL, A SUM NOT EXCEEDING $107 TO COVER SUCH ITEMS AND TO BE PAID TO SUCH PERSON OR PERSONS AS MAY BE FIXED BY REGULATIONS: PROVIDED, THAT WHEN SUCH PERSON DIES WHILE RECEIVING FROM THE BUREAU COMPENSATION OR VOCATIONAL TRAINING THE ABOVE BENEFITS SHALL BE PAYABLE IN ALL CASES: * *

THE RETIREMENT PAY PROVIDED FOR CERTAIN EMERGENCY OFFICERS BY THE ACT OF MAY 24, 1928, CITED, IS IN LIEU OF ALL "DISABILITY" COMPENSATION, NURSE OR ATTENDANT ALLOWANCE BEING EXPRESSLY EXCEPTED, DECISION OF SEPTEMBER 4, 1928, 8 COMP. GEN. 99. IN DECISION TO YOU AUGUST 3, 1928, A-23876, IT WAS SAID:

THE ACT OF MAY 24, 1928, DOES NOT CHANGE THE STATUS OF FORMER OFFICERS COMING WITHIN ITS TERMS FROM BENEFICIARIES UNDER THE WORLD WAR VETERANS' ACT, BUT IF THEY COME WITHIN THE ACT OF 1928 THEY ARE ENTITLED UPON APPLICATION AND AFTER ACTION BY THE VETERANS' BUREAU, PLACING THEM ON THE RETIRED LIST THEREIN CREATED, TO THE PAY, BENEFITS, AND PRIVILEGES ESTABLISHED BY THAT ACT IN LIEU OF THE COMPENSATION AND SOME OF THE BENEFITS AUTHORIZED BY THE WORLD WAR VETERANS' ACT.

BURIAL EXPENSES ARE NOT A PART OF "DISABILITY" COMPENSATION AND ARE NOT A PART OF THE BENEFITS FOR WHICH THE RETIREMENT PAY WAS SUBSTITUTED. SEE DECISION OF AUGUST 31, 1928, 8 COMP. GEN. 98. YOU ARE ACCORDINGLY ADVISED THAT WHERE A BENEFICIARY DIES WHILE RECEIVING FROM THE BUREAU RETIREMENT PAY UNDER THE ACT OF MAY 24, 1928, PAYMENT IS AUTHORIZED FOR BURIAL AND FUNERAL EXPENSES AND THE TRANSPORTATION OF THE BODY IN THE SAME MANNER AS IS PRESCRIBED FOR THOSE RECEIVING THE COMPENSATION FOR WHICH THE RETIREMENT PAY WAS SUBSTITUTED.