A-28586, SEPTEMBER 9, 1929, 9 COMP. GEN. 111

A-28586: Sep 9, 1929

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PAYMENT MAY NOT BE MADE TO INCLUDE ANY DATE LATER THAN THAT ON WHICH THE EMPLOYEE WAS LAST KNOWN TO BE ALIVE. INGRAM WAS AN ASSOCIATE RANGE EXAMINER AND MR. LOUISE WAS A TEMPORARY EMPLOYEE OF THE FOREST SERVICE. THEY STARTED TO MAKE A RECONNAISSANCE IN THE TERRITORY WHERE A FOREST FIRE WAS RAGING AND DUE TO HIGH WINDS THE FIRE SPREAD SOON AFTER THEIR DEPARTURE TO THE VICINITY WHITHER THEY HAD GONE. THAT THEIR BODIES WERE FOUND ON AUGUST 24. A CONSIDERABLE DISTANCE FROM THE PLACE IN WHICH THEY WERE LAST SEEN. THAT IT IS NOT POSSIBLE TO DETERMINE WHEN DEATH OCCURRED. THE RULE IS THAT PAYMENT MAY BE MADE TO THE ONE LEGALLY ENTITLED THERETO OF THE COMPENSATION DUE THE DECEASED EMPLOYEE OF THE UNITED STATES UP TO AND INCLUDING THE DATE OF DEATH BUT THAT PAYMENT MAY NOT BE MADE TO INCLUDE ANY DATE LATER THAN THAT ON WHICH THE EMPLOYEE WAS LAST KNOWN TO BE ALIVE.

A-28586, SEPTEMBER 9, 1929, 9 COMP. GEN. 111

COMPENSATION - DECEASED EMPLOYEES PAYMENT MAY BE MADE TO THE ONE LEGALLY ENTITLED THERETO OF THE COMPENSATION DUE A DECEASED EMPLOYEE OF THE UNITED STATES UP TO AND INCLUDING THE DATE OF DEATH, BUT PAYMENT MAY NOT BE MADE TO INCLUDE ANY DATE LATER THAN THAT ON WHICH THE EMPLOYEE WAS LAST KNOWN TO BE ALIVE.

COMPTROLLER GENERAL MCCARL TO A. H. COUSINS, DISTRICT FISCAL AGENT, FOREST SERVICE, SEPTEMBER 9, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 30, 1929, REQUESTING DECISION AS TO THE DATE TO WHICH THE SALARY OF DOUGLAS C. INGRAM AND THE WAGES OF ERNANNIE ST. LOUISE PROPERLY MAY BE PAID.

IT APPEARS THAT MR. INGRAM WAS AN ASSOCIATE RANGE EXAMINER AND MR. ST. LOUISE WAS A TEMPORARY EMPLOYEE OF THE FOREST SERVICE; THAT ON AUGUST 13, 1929, THEY STARTED TO MAKE A RECONNAISSANCE IN THE TERRITORY WHERE A FOREST FIRE WAS RAGING AND DUE TO HIGH WINDS THE FIRE SPREAD SOON AFTER THEIR DEPARTURE TO THE VICINITY WHITHER THEY HAD GONE; THAT THEIR BODIES WERE FOUND ON AUGUST 24, 1929, A CONSIDERABLE DISTANCE FROM THE PLACE IN WHICH THEY WERE LAST SEEN; AND THAT IT IS NOT POSSIBLE TO DETERMINE WHEN DEATH OCCURRED.

THE RULE IS THAT PAYMENT MAY BE MADE TO THE ONE LEGALLY ENTITLED THERETO OF THE COMPENSATION DUE THE DECEASED EMPLOYEE OF THE UNITED STATES UP TO AND INCLUDING THE DATE OF DEATH BUT THAT PAYMENT MAY NOT BE MADE TO INCLUDE ANY DATE LATER THAN THAT ON WHICH THE EMPLOYEE WAS LAST KNOWN TO BE ALIVE.

YOU STATE THAT YOU HAVE ALREADY MADE PAYMENT OF SALARY BY CHECK DRAWN IN FAVOR OF MR. INGRAM UP TO AND INCLUDING AUGUST 15, 1929. ON THE FACTS SHOWN IN YOUR LETTER THIS WOULD APPEAR TO BE AN OVER-PAYMENT OF COMPENSATION FOR TWO DAYS, AUGUST 14, AND 15. IN THE CASE OF THE TEMPORARY EMPLOYEE, PAYMENT SHOULD NOT BE MADE BY YOU BUT THE MATTER SHOULD BE SUBMITTED TO THIS OFFICE FOR DIRECT SETTLEMENT AS A CLAIM.