A-76710, MARCH 27, 1937, 16 COMP. GEN. 884

A-76710: Mar 27, 1937

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VETERANS' ADMINISTRATION - JURISDICTION - CLAIMS FOR PROCEEDS OF PENSION CHECKS OF DECEASED BENEFICIARIES CLAIMS FOR PROCEEDS OF PENSION CHECKS DRAWN TO THE ORDER OF VETERANS' ADMINISTRATION BENEFICIARIES WHO HAVE DIED SUBSEQUENT TO THE PERIOD COVERED BY THE CHECKS AND WHICH ARE BY STATUTE MADE AN ASSET OF THE ESTATE OF THE DECEASED PENSIONER. ARE FOR SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. WHERE NOT SO PROVIDED SUCH UNCASHED CHECKS ARE FOR DISPOSITION IN ACCORDANCE WITH THE LAWS UNDER WHICH ISSUED EXCEPT SUCH AS ARE MORE THAN ONE FULL FISCAL YEAR OLD. THE AMOUNTS OF WHICH HAVE BEEN COVERED INTO THE APPROPRIATION "OUTSTANDING LIABILITIES" AS REQUIRED BY THE PERMANENT APPROPRIATION REPEAL ACT OF 1934.

A-76710, MARCH 27, 1937, 16 COMP. GEN. 884

VETERANS' ADMINISTRATION - JURISDICTION - CLAIMS FOR PROCEEDS OF PENSION CHECKS OF DECEASED BENEFICIARIES CLAIMS FOR PROCEEDS OF PENSION CHECKS DRAWN TO THE ORDER OF VETERANS' ADMINISTRATION BENEFICIARIES WHO HAVE DIED SUBSEQUENT TO THE PERIOD COVERED BY THE CHECKS AND WHICH ARE BY STATUTE MADE AN ASSET OF THE ESTATE OF THE DECEASED PENSIONER, ARE FOR SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE, BUT WHERE NOT SO PROVIDED SUCH UNCASHED CHECKS ARE FOR DISPOSITION IN ACCORDANCE WITH THE LAWS UNDER WHICH ISSUED EXCEPT SUCH AS ARE MORE THAN ONE FULL FISCAL YEAR OLD, THE AMOUNTS OF WHICH HAVE BEEN COVERED INTO THE APPROPRIATION "OUTSTANDING LIABILITIES" AS REQUIRED BY THE PERMANENT APPROPRIATION REPEAL ACT OF 1934, 48 STAT. 1235, WHICH ARE ALSO FOR SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, MARCH 27, 1937:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 8, 1937, IN REPLY TO MY LETTER OF JULY 8, 1936, RELATIVE TO CLAIMS FOR THE PROCEEDS OF PENSION CHECKS DRAWN TO THE ORDER OF VETERANS' ADMINISTRATION BENEFICIARIES WHO HAVE DIED SUBSEQUENT TO THE PERIOD COVERED BY THE CHECKS.

WITH RESPECT TO THE VARIOUS BENEFIT PAYMENTS MADE BY YOUR ADMINISTRATION YOU STATE:

YOUR ATTENTION IS INVITED TO THE FACT THAT BENEFITS PAYABLE UNDER PUBLIC, NO. 2, 73D CONGRESS, AND THE REGULATIONS ISSUED PURSUANT THERETO, AND UNDER SECTIONS 26, 27, AND 28 OF PUBLIC, NO. 141, 73D CONGRESS, ARE FOR DISPOSITION UNDER DIFFERENT RULES AND REGULATIONS THAN ARE THE BENEFITS PAYABLE UNDER THE GENERAL PENSION LAWS (LAWS IN EFFECT PRIOR TO MARCH 20, 1933, GRANTING BENEFITS FOR SERVICE OTHER THAN WORLD WAR SERVICE AND STILL IN EFFECT FOR SERVICE PRIOR TO APRIL 21, 1898) AND THE LAWS REENACTED BY SECTION 30, PUBLIC, NO. 141, 73D CONGRESS, AND PUBLIC, NO. 269, 74TH CONGRESS. BENEFITS PAYABLE ON ACCOUNT OF WORLD WAR SERVICE AND SERVICE SUBSEQUENT TO APRIL 21, 1898 (EXCEPT THOSE PAYABLE UNDER THE REENACTED PENSION LAWS), NOT PAID DURING THE LIFETIME OF THE VETERAN, ARE FOR DISPOSITION IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH V, PART I, VETERANS REGULATION NO. 2 (A), AND ARE NOT CONSIDERED ASSETS OF THE BENEFICIARY'S ESTATE. SUCH CASES HAVE NOT, THEREFORE, BEEN FORWARDED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT, BUT HAVE BEEN ADJUDICATED BY THIS ADMINISTRATION.

PENSIONS PREDICATED ON SERVICE PRIOR TO APRIL 21, 1898, AND THOSE PAYABLE UNDER THE LAWS REENACTED BY SECTION 30, PUBLIC NO. 141 AND PUBLIC NO. 269, 74TH CONGRESS (THESE LAWS REENACTED THE LAWS IN EFFECT PRIOR TO MARCH 20, 1933, GRANTING PENSIONS TO VETERANS OF THE SPANISH AMERICAN WAR AND THEIR DEPENDENTS), ARE FOR DISPOSITION IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF MARCH 2, 1895. UNDER THIS ACT AND SECTION 4 OF THE ACT OF MAY 1, 1926, AND SECTION 5 OF THE ACT OF JUNE 2, 1930, A CHECK IN PAYMENT OF PENSION CONSTITUTES AN ASSET OF THE PENSIONER'S ESTATE IN THE EVENT OF THE DEATH OF THE PENSIONER ON OR AFTER THE LAST DAY OF THE PERIOD COVERED BY THE CHECK. IN THIS LATTER CLASS OF CASES THERE MUST BE SUBMITTED A CLAIM ON GENERAL ACCOUNTING OFFICE FORM 1055, WHICH FORM MUST, HOWEVER, BE FILED WITH THE FINANCE SERVICE, VETERANS' ADMINISTRATION. SUCH CLAIMS ARE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE AFTER THE NECESSARY SUPPORTING PAPERS HAVE BEEN SECURED BY THE VETERANS' ADMINISTRATION. HOWEVER, CLAIMS FOR ACCRUED PENSION OTHER THAN THOSE LAST MENTIONED ARE ADJUDICATED BY THIS ADMINISTRATION AND HAVE NOT BEEN FORWARDED TO THE GENERAL ACCOUNTING OFFICE.

IN CONNECTION WITH PENSION BENEFITS PAYABLE TO SOLDIERS AND SAILORS OF THE WAR WITH SPAIN, THE PHILIPPINE INSURRECTION, OR THE CHINA RELIEF EXPEDITION, MAIMED SOLDIERS, WIDOWS, MINOR CHILDREN, AND HELPLESS CHILDREN OF SUCH SOLDIERS AND SAILORS, THE ACTS OF MAY 1, 1926, 44 STAT. 382, AND JUNE 2, 1930, 46 STAT. 493, PROVIDE:

* * * THE ISSUANCE OF A CHECK IN PAYMENT OF A PENSION FOR WHICH THE EXECUTION AND SUBMISSION OF A VOUCHER WAS NOT REQUIRED SHALL CONSTITUTE PAYMENT IN THE EVENT OF THE DEATH OF THE PENSIONER ON OR AFTER THE LAST DAY OF THE PERIOD COVERED BY SUCH CHECK, AND IT SHALL NOT BE CANCELED, BUT SHALL BECOME AN ASSET OF THE ESTATE OF THE DECEASED PENSIONER.

SIMILAR PROVISION WAS MADE BY THE ACT OF JULY 3, 1926, 44 STAT. 806, ENTITLED "AN ACT GRANTING PENSIONS AND INCREASE OF PENSIONS TO CERTAIN SOLDIERS, SAILORS, AND MARINES OF THE CIVIL AND MEXICAN WARS AND TO CERTAIN WIDOWS OF SAID SOLDIERS, SAILORS, AND MARINES AND TO WIDOWS OF THE WAR OF 1812, AND ARMY NURSES, AND FOR OTHER PURPOSES.' AS TO OTHER BENEFIT PAYMENTS SUCH AS THOSE PROVIDED FOR IN THE WORLD WAR VETERANS' ACT, AS AMENDED, NO SUCH STATUTORY PROVISION APPEARS TO HAVE BEEN ENACTED WITH RESPECT TO CHECKS ISSUED TO BENEFICIARIES RECOGNIZED BY THE LAWS GRANTING SUCH BENEFITS. THE ABSENCE OF LEGISLATIVE DIRECTIONS AS TO SUCH CASES, WHEN IN OTHER CASES SPECIFIC LEGISLATION HAS BEEN ENACTED, MUST BE CONSTRUED AS INDICATING AN INTENT THAT UNCASHED CHECKS WOULD BE FOR DISPOSITION IN ACCORDANCE WITH AND IN PURSUANCE OF THE LAWS UNDER WHICH SUCH UNCASHED CHECKS WERE ISSUED, AND SUCH CASES WILL BE TREATED BY THIS OFFICE ACCORDINGLY.

WITH RESPECT TO THOSE CHECKS, CLAIMS FOR THE PROCEEDS OF WHICH WOULD OTHERWISE BE FOR ADJUDICATION BY YOUR ADMINISTRATION BUT FOR THE FACT THAT THE CHECKS ARE MORE THAN 1 FULL FISCAL YEAR OLD AND THE AMOUNTS THEREOF HAVE BEEN COVERED INTO THE APPROPRIATION "OUTSTANDING LIABILITIES" IN ACCORDANCE WITH THE PROVISION OF SECTION 21 OF THE PERMANENT APPROPRIATION REPEAL ACT, JUNE 26, 1934, 48 STAT. 1235, THE MATTER IS FOR CONSIDERATION BY THIS OFFICE AFTER IT HAS RECEIVED CONSIDERATION BY YOUR ADMINISTRATION AND THIS OFFICE ADVISED OF THE RESULT OF SUCH DETERMINATION AND ACTION.

IN THE CIRCUMSTANCES I HAVE TO ADVISE THAT NO FURTHER ACTION WILL BE TAKEN BY THIS OFFICE WITH RESPECT TO THE CLAIM OF FLORA VERA ELLIS FOR THE PROCEEDS OF CHECK NO. 273634 FOR $30 DRAWN JANUARY 31, 1936, TO THE ORDER OF CHARLES I. ELLIS, A WORLD WAR VETERAN, THE SUBJECT OF LETTER OF YOUR ADMINISTRATION DATED MAY 22, 1936 (DAF-CA XC-1225253 WORLD WAR).

WITH RESPECT TO THE CLAIM OF LAURETTA GILBERT FOR THE AMOUNT OF CHECK NO. 10401619 FOR $22.50 DRAWN AUGUST 31, 1935, TO THE ORDER OF LAURETTA SMITH, IT WAS REPORTED BY YOUR ADMINISTRATION UNDER DATE OF MAY 1, 1936 (DAF-CA XC-2629649 WAR WITH SPAIN), AS FOLLOWS:

AS THE PENSIONER LIVED THROUGH THE PERIOD COVERED THEREBY, THE ABOVE DESCRIBED CHECK IS AN ASSET OF THE ESTATE AND PAPERS IN SUPPORT OF THE CLAIM SHOULD BE FORWARDED AS IT IS THE FUNCTION AND ESTABLISHED PROCEDURE OF THIS ADMINISTRATION TO DEVELOP CLAIMS FOR THE PROCEEDS OF CHECKS WHICH ARE ASSETS OF THE ESTATE. YOU ARE FURTHER INFORMED THAT IN THE INSTANT CASE THERE ARE ADDITIONAL BENEFITS DUE.

SINCE THE CHECK COVERED PENSION DUE A VETERAN OF THE WAR WITH SPAIN UNDER THE ACTS OF MAY 1, 1926, AND JUNE 2, 1930, SUPRA, THE CHECK HAS BECOME A PART OF THE ESTATE OF THE DECEASED PENSIONER AND, THEREFORE, THE CLAIMS FOR ADJUDICATION BY THIS OFFICE. ACCORDINGLY, IT IS REQUESTED THAT AN ADMINISTRATIVE REPORT BE FURNISHED IN THE MATTER PARTICULARLY AS TO WHAT ACTION HAS BEEN TAKEN BY YOUR ADMINISTRATION.

IN THE CLAIM OF R. S. CARLTON AS EXECUTOR OF THE ESTATE OF WILLIAM J. TIMPE, A WORLD WAR VETERAN, FOR THE PROCEEDS OF CERTAIN INSURANCE AND PENSION CHECKS LISTED IN LETTER OF YOUR ADMINISTRATION DATED DECEMBER 12, 1935, THE AMOUNTS OF SAID CHECKS HAVE BEEN COVERED INTO ,OUTSTANDING LIABILITIES" UNDER THE PROVISIONS OF THE CITED STATUTE, SUPRA. SINCE THIS CASE INVOLVES UNPAID MONTHLY INSTALLMENTS OF INSURANCE AND ACCRUED PENSION THERE ARE FORWARDED ALL PERTINENT PAPERS WITH THE REQUEST THAT THEY BE RETURNED TOGETHER WITH A REPORT AS TO YOUR DETERMINATION AND ACTION TAKEN IN THE MATTER.

IN VIEW OF THE FACT THAT SETTLEMENT OF THE SEVERAL CLAIMS INVOLVED HAS BEEN PENDING FOR A LONG TIME, IT IS REQUESTED THE MATTER BE GIVEN PROMPT CONSIDERATION.