A-34497, JANUARY 22, 1931, 10 COMP. GEN. 322

A-34497: Jan 22, 1931

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NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS - ESTATES OF PENSIONERS WHERE MORE THAN FIVE YEARS HAVE EXPIRED BETWEEN THE DEATH OF A PENSIONER WHILE AN INMATE OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE FILING OF A CLAIM BY HIS WIDOW FOR THE BALANCE OF HIS ESTATE. THE CLAIM OF THE WIDOW IS BARRED BY THE TERMS OF THE ACTS OF JULY 1. VETERANS' ADMINISTRATION: THERE IS SUBMITTED FOR PREAUDIT VOUCHER IN FAVOR OF ELLEN THOMAS. WAS TRANSFERRED TO THE POST FUND IN MARCH. SAID BALANCE SHALL BE PAID TO THE POST FUND OF THE BRANCH OF SAID NATIONAL HOME OF WHICH THE PENSIONER WAS A MEMBER AT THE TIME OF HIS DEATH. PAYMENT OF THE CLAIM IS NOT AUTHORIZED.

A-34497, JANUARY 22, 1931, 10 COMP. GEN. 322

NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS - ESTATES OF PENSIONERS WHERE MORE THAN FIVE YEARS HAVE EXPIRED BETWEEN THE DEATH OF A PENSIONER WHILE AN INMATE OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE FILING OF A CLAIM BY HIS WIDOW FOR THE BALANCE OF HIS ESTATE, WHICH HAS BEEN DEPOSITED TO THE CREDIT OF THE GENERAL POST FUND, THE CLAIM OF THE WIDOW IS BARRED BY THE TERMS OF THE ACTS OF JULY 1, 1902, 32 STAT. 564, AND JUNE 25, 1910, 36 STAT. 736, THE AMOUNT HAVING ACCRUED PERMANENTLY TO THE BENEFIT OF THE GENERAL POST FUND.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, JANUARY 22, 1931:

CONSIDERATION HAS BEEN GIVEN TO THE FOLLOWING LETTER DATED NOVEMBER 25, 1930, FROM THE DIRECTOR OF THE BUREAU OF NATIONAL HOMES, VETERANS' ADMINISTRATION:

THERE IS SUBMITTED FOR PREAUDIT VOUCHER IN FAVOR OF ELLEN THOMAS, WIDOW OF JAMES W. THOMAS, DECEASED, FOR PENSION MONEY STANDING TO THE CREDIT OF THE FORMER MEMBER OF THE PACIFIC BRANCH. THE ACT OF JULY 1, 1902 (32 STAT. 564), PROVIDES THAT SHOULD NO WIDOW, MINOR CHILD, OR DEPENDENT PARENT BE DISCOVERED WITHIN ONE YEAR FROM THE TIME OF THE DEATH OF THE PENSIONER, THE BALANCE OF PENSION MONEY DUE A MEMBER OF THE HOME AT THE TIME OF HIS DEATH SHALL BE PAID TO THE POST FUND, SUBJECT TO FUTURE RECLAMATION BY THE RELATIVES DESIGNATED "WITHIN FIVE YEARS AFTER THE PENSIONER'S DEATH.' JAMES W. THOMAS DIED JANUARY 8, 1920, AND THE BALANCE OF PENSION MONEY TO HIS CREDIT, $903.70, WAS TRANSFERRED TO THE POST FUND IN MARCH, 1921.

THE ACT OF JULY 1, 1902, 32 STAT. 564, PROVIDES AS FOLLOWS:

HEREAFTER ANY BALANCE OF PENSION MONEY DUE A MEMBER OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AT THE TIME OF HIS DEATH SHALL BE PAID TO HIS WIDOW, MINOR CHILDREN, OR DEPENDENT MOTHER OR FATHER IN THE ORDER NAMED, AND SHOULD NO WIDOW, MINOR CHILD, OR DEPENDENT PARENT BE DISCOVERED WITHIN ONE YEAR FROM THE TIME OF THE DEATH OF THE PENSIONER, SAID BALANCE SHALL BE PAID TO THE POST FUND OF THE BRANCH OF SAID NATIONAL HOME OF WHICH THE PENSIONER WAS A MEMBER AT THE TIME OF HIS DEATH, TO BE USED FOR THE COMMON BENEFIT OF THE MEMBERS OF THE HOME UNDER THE DIRECTION OF THE BOARD OF MANAGERS, SUBJECT TO FUTURE RECLAMATION BY THE RELATIVES HEREINBEFORE DESIGNATED, UPON APPLICATION FILED WITH THE BOARD OF MANAGERS WITHIN FIVE YEARS AFTER THE PENSIONER'S DEATH.

SEE ALSO ACT OF JUNE 25, 1910, 36 STAT. 736.

SINCE MORE THAN FIVE YEARS EXPIRED BETWEEN THE DATE OF DEATH OF THE PENSIONER AND THE FILING OF THE CLAIM BY HIS WIDOW, PAYMENT OF THE CLAIM IS NOT AUTHORIZED, THE BALANCE REMAINING IN THE ESTATE OF THE PENSIONER HAVING ACCRUED PERMANENTLY TO THE BENEFIT OF THE GENERAL POST FUND. ACCORDINGLY, THE VOUCHER IN QUESTION MAY NOT BE CERTIFIED FOR PAYMENT.