A-27694, AUGUST 23, 1929, 9 COMP. GEN. 86

A-27694: Aug 23, 1929

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IS REQUIRED. 1929: REFERENCE IS MADE TO LETTER OF DECEMBER 13. THAT AS THE CHECK WAS ISSUED FOR AN ANNUITY PERIOD ENDING ON THAT DATE. THERE WAS INCLOSED. OR OF REFUND DUE A FORMER EMPLOYEE WHO IS LEGALLY INCOMPETENT. THE COMMISSIONER OF PENSIONS IS REQUIRED BY THE TERMS OF THE QUOTED STATUTE TO DETERMINE THE PERSON OR PERSONS LEGALLY ENTITLED TO THE AMOUNT THEREOF. THE CHECK WILL BE CANCELED AND THE PRESENT CLAIMANT BEFORE THIS OFFICE. WILL BE ADVISED THAT ANY APPLICATION FOR PAYMENT OF THE ACCRUED ANNUITY SHOULD BE FILED IN THE OFFICE OF THE COMMISSIONER OF PENSIONS. IN THIS CONNECTION YOU ARE ADVISED THAT IT APPEARS FROM THE RECORD IN THIS OFFICE THAT THE SAME CLAIMANT ALSO FURNISHED FUNERAL SERVICES FOR THE DECEASED ANNUITANT.

A-27694, AUGUST 23, 1929, 9 COMP. GEN. 86

CHECKS - CIVIL-SERVICE RETIREMENT - DECEASED ANNUITANTS IN VIEW OF THE PROVISIONS OF THE LAST PARAGRAPH OF SECTION 12 OF THE AMENDATORY CIVIL SERVICE RETIREMENT ACT OF JULY 3, 1926, 44 STAT. 911, THE COMMISSIONER OF PENSIONS, AND NOT THE GENERAL ACCOUNTING OFFICE, IS REQUIRED, IN THE ABSENCE OF APPLICATION BY A DULY APPOINTED EXECUTOR OR ADMINISTRATOR, TO DETERMINE THE PERSON OR PERSONS LEGALLY ENTITLED TO ACCRUED ANNUITY REPRESENTED BY UNCASHED CHECKS RETURNED ON ACCOUNT OF THE DEATH OF AN ANNUITANT. ACCORDINGLY, SUCH CHECKS SHOULD BE CANCELED AND ANY CLAIMS FOR ACCRUED ANNUITY REPRESENTED THEREBY, SHOULD BE FILED IN THE BUREAU OF PENSIONS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, AUGUST 23, 1929:

REFERENCE IS MADE TO LETTER OF DECEMBER 13, 1928, FROM E. E. MILLER, DISBURSING CLERK, BUREAU OF PENSIONS, TRANSMITTING TO THIS OFFICE CHECK NO. 431882, FOR $83.33, DATED DECEMBER 1, 1928, DRAWN TO THE ORDER OF WILLIAM G. MCLOUGHLIN, UNDER CIVIL-SERVICE RETIREMENT ANNUITY CERTIFICATE R-22206, WITH THE ADVICE THAT THE ANNUITANT'S DEATH OCCURRED NOVEMBER 30, 1928, AND THAT AS THE CHECK WAS ISSUED FOR AN ANNUITY PERIOD ENDING ON THAT DATE, NOVEMBER 30, 1928, IT CONSTITUTES AN ASSET OF THE ANNUITANT'S ESTATE. THERE WAS INCLOSED, ALSO, A COPY OF LETTER OF DECEMBER 13, 1928, FROM THE DISBURSING CLERK, TO THE ANNUITANT'S WIDOW, MRS. SARAH MCLOUGHLIN, ADVISING HER RELATIVE TO APPLICATION TO THIS OFFICE FOR THE PROCEEDS OF THE CHECK.

THE LAST PARAGRAPH OF SECTION 12 OF THE AMENDATORY CIVIL SERVICE RETIREMENT ACT OF JULY 3, 1926, 44 STAT. 911, PROVIDES:

IF THE AMOUNT OF ACCRUED ANNUITY, OR OF ACCUMULATED DEDUCTIONS, OR OF REFUND DUE A FORMER EMPLOYEE WHO IS LEGALLY INCOMPETENT, TOGETHER WITH ACCRUED INTEREST THEREON PAYABLE UNDER THE PROVISIONS OF THIS ACT, DOES NOT EXCEED $1,000, AND IF THERE HAS BEEN NO DEMAND UPON THE COMMISSIONER OF PENSIONS BY A DULY APPOINTED EXECUTOR, ADMINISTRATOR, GUARDIAN, OR COMMITTEE, PAYMENT MAY BE MADE, AFTER THE EXPIRATION OF THIRTY DAYS FROM THE DATE OF DEATH OR OF SEPARATION FROM THE SERVICE, AS THE CASE MAY BE, TO SUCH PERSON OR PERSONS AS MAY APPEAR IN THE JUDGMENT OF THE COMMISSIONER OF PENSIONS TO BE LEGALLY ENTITLED THERETO, AND SUCH PAYMENT SHALL BE A BAR TO RECOVERY BY ANY OTHER PERSON.

AS IT APPEARS THAT THE CHECK HERE IN QUESTION REPRESENTS ACCRUED ANNUITY DUE THE ESTATE OF THE DECEASED ANNUITANT, THE COMMISSIONER OF PENSIONS IS REQUIRED BY THE TERMS OF THE QUOTED STATUTE TO DETERMINE THE PERSON OR PERSONS LEGALLY ENTITLED TO THE AMOUNT THEREOF, SUCH STATUTE PROVIDING EXPRESSLY THAT PAYMENT TO PERSONS SO DETERMINED "SHALL BE A BAR TO RECOVERY BY ANY OTHER PERSON.' ACCORDINGLY, THE CHECK WILL BE CANCELED AND THE PRESENT CLAIMANT BEFORE THIS OFFICE--- AN UNDERTAKER WHO ALLEGES NONRECEIPT OF PAYMENT OF FUNERAL EXPENSES OF THE ANNUITANT'S WIDOW--- SUBSEQUENTLY DECEASED, WILL BE ADVISED THAT ANY APPLICATION FOR PAYMENT OF THE ACCRUED ANNUITY SHOULD BE FILED IN THE OFFICE OF THE COMMISSIONER OF PENSIONS. IN THIS CONNECTION YOU ARE ADVISED THAT IT APPEARS FROM THE RECORD IN THIS OFFICE THAT THE SAME CLAIMANT ALSO FURNISHED FUNERAL SERVICES FOR THE DECEASED ANNUITANT, FOR WHICH HE MAY NOT HAVE BEEN PAID.

THE PRACTICE OF TRANSMITTING ANNUITY CHECKS IN CASES OF ANNUITANTS WHO DIE ON OR AFTER THE LAST DAY OF THE PERIOD COVERED BY THE CHECK TO THIS OFFICE FOR DISTRIBUTION OF THE PROCEEDS, ESTABLISHED UNDER THE ORIGINAL RETIREMENT ACT OF MAY 22, 1920, 41 STAT. 614, WHICH DID NOT EXPRESSLY PROVIDE FOR PAYMENT OF ACCRUED ANNUITY TO THE ESTATES OF DECEASED ANNUITANTS BY THE COMMISSIONER OF PENSIONS, WILL BE DISCONTINUED, AND, HEREAFTER, ANNUITY CHECKS RETURNED ON ACCOUNT OF THE DEATH OF THE ANNUITANT SHOULD BE CANCELED IRRESPECTIVE OF WHETHER THE ANNUITANT DIED BEFORE, ON, OR AFTER THE LAST DAY OF THE PERIOD FOR WHICH THE CHECK IS DRAWN, AND ANY AMOUNT REPRESENTED THEREBY PROPERLY DUE THE ANNUITANT'S ESTATE, BEING ACCRUED ANNUITY, SHOULD BE PAID TO THE PERSON OR PERSONS DETERMINED BY THE COMMISSIONER OF PENSIONS TO BE ENTITLED, IN THE ABSENCE OF APPLICATION BY DULY APPOINTED EXECUTOR OR ADMINISTRATOR, AS PROVIDED BY THE PRESENT STATUTE.