A-56568, AUGUST 4, 1934, 14 COMP. GEN. 92

A-56568: Aug 4, 1934

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WILL NOT AFFECT THE EMPLOYEE'S RIGHTS TO RETIREMENT ANNUITY AS A RETIRED FOREIGN SERVICE OFFICER. HE REPORTS THAT HIS COMPENSATION FOR THE HOME OWNERS' LOAN CORPORATION WILL BE A FEE OF $25 FOR EACH ABSTRACT OR SEARCH MADE BY HIM UPON WHICH A LOAN IS MADE. MILNER WAS RETIRED ON ACCOUNT OF AGE IN JULY. IT IS UNDERSTOOD THAT THE COMPENSATION OF FEE ATTORNEYS OF THE HOME OWNERS' LOAN CORPORATION IS ONLY A FEE OF $25 FOR EACH ABSTRACT OR SEARCH MADE. THAT SAID FEES ARE PAID BY OR CHARGED TO THE PERSON OR PERSONS APPLYING FOR THE LOAN. THE ACCEPTANCE OF SUCH A POSITION AND THE FEES THEREOF WILL NOT AFFECT MR.

A-56568, AUGUST 4, 1934, 14 COMP. GEN. 92

COMPENSATION - DOUBLE - RETIRED COMPENSATION AND FEES THE ACCEPTANCE OF A POSITION AS FEE ATTORNEY WITH THE HOME OWNERS' LOAN CORPORATION, THE ENTIRE COMPENSATION OF WHICH CONSISTS OF FEES PAID BY PERSONS APPLYING FOR LOANS, WILL NOT AFFECT THE EMPLOYEE'S RIGHTS TO RETIREMENT ANNUITY AS A RETIRED FOREIGN SERVICE OFFICER.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, AUGUST 4, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 10, 1934, AS FOLLOWS:

MR. JAMES B. MILNER, AMERICAN FOREIGN SERVICE OFFICER, RETIRED, RECEIVING AN ANNUITY UNDER THE PROVISIONS OF THE ACT APPROVED FEBRUARY 23, 1931, WRITES UNDER DATE OF JUNE 27, 1934, ASKING WHETHER HE MAY ACCEPT A POSITION AS "FEE ATTORNEY" IN THE HOME OWNERS' LOAN CORPORATION WITHOUT JEOPARDIZING HIS RETIREMENT ANNUITY. HE REPORTS THAT HIS COMPENSATION FOR THE HOME OWNERS' LOAN CORPORATION WILL BE A FEE OF $25 FOR EACH ABSTRACT OR SEARCH MADE BY HIM UPON WHICH A LOAN IS MADE.

AN EARLY DECISION WOULD BE APPRECIATED, AS MR. MILNER HAS ALREADY ENTERED UPON THIS WORK, HAVING RECEIVED A NUMBER OF CASES FROM THE HOME OWNERS' LOAN CORPORATION OF BUFFALO.

THIS OFFICE HAS BEEN ADVISED THAT MR. MILNER WAS RETIRED ON ACCOUNT OF AGE IN JULY, 1924, UNDER THE ACT OF MAY 24, 1924, 43 STAT. 140, 144.

IT IS UNDERSTOOD THAT THE COMPENSATION OF FEE ATTORNEYS OF THE HOME OWNERS' LOAN CORPORATION IS ONLY A FEE OF $25 FOR EACH ABSTRACT OR SEARCH MADE, AND THAT SAID FEES ARE PAID BY OR CHARGED TO THE PERSON OR PERSONS APPLYING FOR THE LOAN. THE ACCEPTANCE OF SUCH A POSITION AND THE FEES THEREOF WILL NOT AFFECT MR. MILNER'S RIGHT TO RETIREMENT ANNUITY AS A RETIRED FOREIGN SERVICE OFFICER.