A-34116, NOVEMBER 17, 1930, 10 COMP. GEN. 225

A-34116: Nov 17, 1930

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IT APPEARS THAT THE ACTING COMMISSIONER OF PENSIONS HAS DETERMINED THAT THERE IS TO THE CREDIT OF CLAIMANT ON ACCOUNT OF RETIREMENT DEDUCTIONS MADE UNDER THE PROVISIONS OF THE ACTS OF JULY 3. AGAINST WHICH THE DISTRICT OF COLUMBIA HAS SET UP A CLAIM FOR $150 TO COVER THE AMOUNT OF MISCELLANEOUS LICENSE FEES ALLEGED TO HAVE BEEN EMBEZZLED BY HIM. HAS BEEN RECEIVED FROM THE AUDITOR FOR THE DISTRICT OF COLUMBIA: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF NOVEMBER 7. SAID AMOUNT BEING THE AMOUNT CLAIMED TO HAVE BEEN EMBEZZLED BY HIM FOR SIX EMPLOYMENT AGENCY LICENSES IN THE AMOUNT OF $25.00 EACH. YOU ARE ADVISED THAT THE RECORDS OF THE DISTRICT ATTORNEY'S OFFICE INDICATE THAT MR. MCCAULLEY WAS INDICTED BY THE GRAND JURY ON OCTOBER 21.

A-34116, NOVEMBER 17, 1930, 10 COMP. GEN. 225

RETIREMENT - SET-OFF - DISTRICT OF COLUMBIA THE AMOUNT TO THE CREDIT OF A FORMER EMPLOYEE OF THE DISTRICT OF COLUMBIA IN THE CIVIL RETIREMENT FUND MAY BE WITHHELD AND APPLIED IN LIQUIDATION OF A DEBT DUE THE DISTRICT OF COLUMBIA FROM SAID EMPLOYEE.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 17, 1930:

THERE HAS BEEN PRESENTED TO THIS OFFICE FOR CONSIDERATION THE CLAIM OF GROVER C. MCCAULLEY FOR REFUND OF RETIREMENT DEDUCTIONS MADE FROM HIS SALARY AS AN INSPECTOR OF LICENSES, LICENSE BUREAU, DISTRICT OF COLUMBIA, UP TO AUGUST 1, 1930, THE DATE OF HIS DISCHARGE FROM THE SERVICE.

IT APPEARS THAT THE ACTING COMMISSIONER OF PENSIONS HAS DETERMINED THAT THERE IS TO THE CREDIT OF CLAIMANT ON ACCOUNT OF RETIREMENT DEDUCTIONS MADE UNDER THE PROVISIONS OF THE ACTS OF JULY 3, 1926, 44 STAT. 904, AND MAY 29, 1930, 46 STAT. 468, THE SUM OF $490.05, AGAINST WHICH THE DISTRICT OF COLUMBIA HAS SET UP A CLAIM FOR $150 TO COVER THE AMOUNT OF MISCELLANEOUS LICENSE FEES ALLEGED TO HAVE BEEN EMBEZZLED BY HIM.

THE FOLLOWING REPORT DATED NOVEMBER 8, 1930, HAS BEEN RECEIVED FROM THE AUDITOR FOR THE DISTRICT OF COLUMBIA:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF NOVEMBER 7, 1930, (RE: COL 311500 A-34116), RELATIVE TO A SETTLEMENT OF THE CLAIM OF THE DISTRICT OF COLUMBIA OF $150.00 AGAINST THE AMOUNT OF DEPOSIT IN THE CIVIL RETIREMENT FUND TO THE CREDIT OF GROVER C. MCCAULLEY, A FORMER EMPLOYEE OF THE LICENSE BUREAU, SAID AMOUNT BEING THE AMOUNT CLAIMED TO HAVE BEEN EMBEZZLED BY HIM FOR SIX EMPLOYMENT AGENCY LICENSES IN THE AMOUNT OF $25.00 EACH.

YOU ARE ADVISED THAT THE RECORDS OF THE DISTRICT ATTORNEY'S OFFICE INDICATE THAT MR. MCCAULLEY WAS INDICTED BY THE GRAND JURY ON OCTOBER 21, 1930, CRIMINAL CAUSE NO. 50013, AND IS NOW BEING DETAINED IN THE DISTRICT JAIL PENDING TRIAL.

THERE ARE IN THE POSSESSION OF THE POLICE AUTHORITIES, I AM TOLD, SIX EMPLOYMENT LICENSES FOR WHICH A FEE OF $25.00 EACH HAD BEEN PAID TO MR. MCCAULLEY, AND THE RECORDS OF THIS OFFICE INDICATE THAT THE AMOUNT WAS NOT PAID TO THE COLLECTOR OF TAXES. I AM FURTHER ADVISED BY THE SUPERINTENDENT OF LICENSES THAT MR. MCCAULLEY ADMITTED TO HIM THAT HE HAD CONVERTED THE FUNDS TO HIS OWN PERSONAL USE.

UNDER DATE OF NOVEMBER 7, 1930, THE ACTING COMMISSIONER OF PENSIONS FORWARDED A LETTER SIGNED BY GROVER C. MCCAULLEY, CONSENTING TO THE DEDUCTION OF $150 FROM THE AMOUNT OTHERWISE DUE HIM AS REFUND OF RETIREMENT DEDUCTIONS, ON ACCOUNT OF THE CLAIM OF THE DISTRICT OF COLUMBIA.

IT IS WELL SETTLED THAT AN AMOUNT DUE THE UNITED STATES MAY BE SET OFF AGAINST AN AMOUNT OTHERWISE DUE CLAIMANT FROM THE UNITED STATES. SEE 1 COMP. GEN. 605, AND THE DECISIONS THEREIN CITED. THIS PRINCIPLE HAS BEEN APPLIED CONSISTENTLY IN CASES INVOLVING CLAIMS FILED BY VARIOUS DEPARTMENTS OF THE GOVERNMENT AGAINST THE AMOUNT ON DEPOSIT TO THE CREDIT OF EMPLOYEES OF THE UNITED STATES GOVERNMENT IN THE CIVIL RETIREMENT FUND. 3 COMP. GEN. 98; ID. 826; ID. 878; 4 ID. 112; ID. 521; 5 ID. 638; ID. 932; 6 ID. 515; 7 ID. 303.

IN ALL OF THE CITED CASES, THERE WAS INVOLVED A FORMER EMPLOYEE OF THE UNITED STATES GOVERNMENT WHO WAS INDEBTED TO THAT GOVERNMENT. THE INSTANT CASE DIFFERS IN THAT THE FORMER EMPLOYEE WAS UNDER THE DISTRICT OF COLUMBIA GOVERNMENT, AND IS INDEBTED TO THAT GOVERNMENT. BUT THE RELATIONSHIP BETWEEN THE DISTRICT GOVERNMENT AND THE FEDERAL GOVERNMENT IS SUCH THAT NO DISTINCTION, IN THE MATTER OF THE APPLICATION OF RETIREMENT CREDITS, NEED BE MADE BETWEEN DEBTS DUE THE UNITED STATES AND DEBTS DUE THE DISTRICT OF COLUMBIA, PARTICULARLY, WHERE, AS IN THIS CASE, THE MONEY TO THE EMPLOYEE'S CREDIT IN THE CIVIL RETIREMENT FUND ACCRUED AS THE RESULT OF SERVICE AS AN EMPLOYEE UNDER THE DISTRICT OF COLUMBIA GOVERNMENT.

ACCORDINGLY, THE CLAIM OF THE DISTRICT OF COLUMBIA MAY BE ALLOWED IN THE SUM OF $150, AND THAT AMOUNT WITHHELD FROM THE AMOUNT OTHERWISE DUE CLAIMANT ON ACCOUNT OF RETIREMENT DEDUCTIONS AND PAID TO THE TREASURER OF THE UNITED STATES FOR DEPOSIT TO THE CREDIT OF THE PROPER FUND, AND TO CANCEL THE INDEBTEDNESS OF THE CLAIMANT, AND THE BALANCE MAY BE PAID TO THE CLAIMANT IF OTHERWISE LEGAL AND PROPER.