A-95461, JUNE 16, 1938, 17 COMP. GEN. 1081

A-95461: Jun 16, 1938

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

EMPLOYEES SEPARATED FROM SERVICE BECAUSE OF REDUCTION IN FORCE PRIOR TO DATE OF THE ACT NEED NOT BE EXCLUDED FROM CASH RELIEF ALLOWANCE CONSIDERATION IF IT IS CLEARLY ESTABLISHED THAT THEY. WERE ACTUALLY UNFIT FOR FURTHER SERVICE. ALTHOUGH CASH GRATUITIES ARE CONSIDERED PERSONAL TO THE INDIVIDUALS OR CLASS SPECIFIED IN THE STATUTE AND NOT AS SURVIVING TO THE HEIRS OR PERSONAL REPRESENTATIVES. IS AS FOLLOWS: 1. CERTAIN QUESTIONS HAVE ARISEN AS TO THE EFFECTIVE DATES OF THE COMMENCEMENT AND TERMINATION OF PAYMENTS OF CASH RELIEF UNDER AWARDS APPROVED BY THE GOVERNOR OF THE PANAMA CANAL ON WHICH YOUR DECISION IS DESIRED. 2. ALSO TO SUCH FORMER EMPLOYEES OF THE PANAMA CANAL NOT COMING WITHIN THE PROVISIONS OF THE CANAL ZONE RETIREMENT ACT AS HAVE WITHIN THREE YEARS PRIOR TO THE DATE OF ENACTMENT OF THE ACT BEEN SEPARATED FROM THE SERVICE BECAUSE OF UNFITNESS OF FURTHER USEFUL SERVICE BY REASON OF SUCH DISABILITY.' 3.

A-95461, JUNE 16, 1938, 17 COMP. GEN. 1081

PANAMA CANAL EMPLOYEES NOT WITHIN CANAL ZONE RETIREMENT ACT - CASH RELIEF AWARDS UNDER ACT JULY 8, 1937 EMPLOYEES OF THE PANAMA CANAL NOT WITHIN THE PROVISIONS OF THE CANAL ZONE RETIREMENT ACT, AND SEPARATED FROM THE SERVICE BECAUSE OF UNFITNESS FOR FURTHER USEFUL SERVICE BY REASON OF DISABILITY RESULTING FROM AGE OR DISEASE, MAY BE PAID THE CASH RELIEF ALLOWANCE PROVIDED BY THE ACT OF JULY 8, 1937, 50 STAT. 478, UNDER THE EXECUTIVE ORDER OF MARCH 12, 1938, AND THE GOVERNOR'S REGULATIONS DATED MARCH 29, 1938, BEGINNING WITH THE FIRST DAY OF ANY MONTH AFTER SUCH SEPARATION, WHETHER DROPPED WITHIN THE RELIEF LIMITATION PERIOD PRIOR TO THE PASSAGE OF THE ACT; SUBSEQUENT TO THE PASSAGE OF THE ACT BUT PRIOR TO THE PROMULGATION OF THE GOVERNOR'S REGULATIONS; OR WHETHER PRESENTLY IN THE SERVICE AND SUBSEQUENTLY TO BE SEPARATED, AND EMPLOYEES SEPARATED FROM SERVICE BECAUSE OF REDUCTION IN FORCE PRIOR TO DATE OF THE ACT NEED NOT BE EXCLUDED FROM CASH RELIEF ALLOWANCE CONSIDERATION IF IT IS CLEARLY ESTABLISHED THAT THEY, AT THE TIME OF SUCH SEPARATION, WERE ACTUALLY UNFIT FOR FURTHER SERVICE, BUT SEPARATIONS FROM SERVICE SHOULD REFLECT THE TRUE CONDITION OF THE EMPLOYEE, AND THE RELIEF ROLLS TRANSMITTED FOR AUDIT SHOULD SHOW THE DATE OF SEPARATION AND EFFECTIVE DATE OF THE ALLOWANCE IN ALL CASES. ALTHOUGH CASH GRATUITIES ARE CONSIDERED PERSONAL TO THE INDIVIDUALS OR CLASS SPECIFIED IN THE STATUTE AND NOT AS SURVIVING TO THE HEIRS OR PERSONAL REPRESENTATIVES, THE EVIDENT INTENT OF THE ACT OF JULY 8, 1937, 50 STAT. 478, GRANTING CASH RELIEF ALLOWANCES TO EMPLOYEES OF THE PANAMA CANAL NOT WITHIN THE PROVISIONS OF THE CANAL ZONE RETIREMENT ACT AND SEPARATED FROM THE SERVICE UNDER SPECIFIED CONDITIONS, JUSTIFIES POST MORTEM AWARD AND PAYMENT TO THE DESIGNATED BENEFICIARY IN CASES OF CURRENT SEPARATION FROM SERVICE UNDER REGULATIONS AS PROMULGATED BY THE GOVERNOR MARCH 29, 1938, BUT, IN THE ABSENCE OF AN EXPRESS PROVISION IN THE STATUTE AUTHORIZING THE CONTINUANCE OF RELIEF ALLOWANCE AFTER THE DEATH OF A FORMER EMPLOYEE, RELIEF PAYMENTS SHOULD TERMINATE ON THE DATE OF DEATH. THE ACT OF APRIL 23, 1930, 46 STAT. 253, ESTABLISHING A UNIFORM DATE FOR RETIREMENT OF FEDERAL PERSONNEL AS THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH RETIREMENT WOULD OTHERWISE BE EFFECTIVE, MAY BE, BUT NEED NOT BE, APPLIED TO SEPARATIONS FROM THE SERVICE OF PANAMA CANAL EMPLOYEES NOT WITHIN THE PROVISIONS OF THE CANAL ZONE RETIREMENT ACT BUT GRANTED CASH RELIEF ALLOWANCES UNDER THE PROVISIONS OF THE ACT OF JULY 8, 1937, 50 STAT. 478.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE GOVERNOR OF THE PANAMA CANAL, JUNE 16, 1938:

YOUR LETTER OF JUNE 2, 1938, IS AS FOLLOWS:

1. IN THE ADMINISTRATION OF THE ACT APPROVED JULY 8, 1937, 50 STAT. 478, AUTHORIZING CASH RELIEF FOR CERTAIN EMPLOYEES OF THE PANAMA CANAL NOT COMING WITHIN THE PROVISIONS OF THE CANAL ZONE RETIREMENT ACT, CERTAIN QUESTIONS HAVE ARISEN AS TO THE EFFECTIVE DATES OF THE COMMENCEMENT AND TERMINATION OF PAYMENTS OF CASH RELIEF UNDER AWARDS APPROVED BY THE GOVERNOR OF THE PANAMA CANAL ON WHICH YOUR DECISION IS DESIRED.

2. THE ACT REFERRED TO PROVIDES:

"THE GOVERNOR OF THE PANAMA CANAL, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT OF THE UNITED STATES, MAY PAY CASH RELIEF TO SUCH EMPLOYEES OF THE PANAMA CANAL NOT COMING WITHIN THE PROVISIONS OF THE CANAL ZONE RETIREMENT ACT AS MAY BECOME UNFIT FOR FURTHER USEFUL SERVICE BY REASON OF MENTAL OR PHYSICAL DISABILITY RESULTING FROM AGE OR DISEASE, AND ALSO TO SUCH FORMER EMPLOYEES OF THE PANAMA CANAL NOT COMING WITHIN THE PROVISIONS OF THE CANAL ZONE RETIREMENT ACT AS HAVE WITHIN THREE YEARS PRIOR TO THE DATE OF ENACTMENT OF THE ACT BEEN SEPARATED FROM THE SERVICE BECAUSE OF UNFITNESS OF FURTHER USEFUL SERVICE BY REASON OF SUCH DISABILITY.'

3. SECTION 4 OF EXECUTIVE ORDER DATED MARCH 12, 1938, ISSUED PURSUANT TO THE ACT OF JULY 8, 1937, PROVIDES IN PART THAT:

"CASH RELIEF SHALL COMMENCE AT SUCH DATE AFTER THE SEPARATION OF THE EMPLOYEE FROM THE PANAMA CANAL SERVICE AS SHALL BE DETERMINED BY THE GOVERNOR, AND SHALL BE PAYABLE MONTHLY, OR AT SUCH MORE FREQUENT INTERVALS AS MAY BE PRESCRIBED BY THE GOVERNOR.'

4. SECTION 10 OF THE GOVERNOR'S CIRCULAR NO. 731, DATED MARCH 29, 1938, PRESCRIBING RULES GOVERNING CASH RELIEF FOR DISABLED EMPLOYEES ENTITLED TO BENEFITS OF THE ACT, PROVIDES AS FOLLOWS:

"PAYMENT OF CASH RELIEF SHALL BE MADE BY CALENDAR MONTHS, THE INITIAL MONTH TO BE FIXED BY THE DISABILITY RELIEF BOARD SUBJECT TO THE GOVERNOR'S APPROVAL AND THE LEGAL LIMITATIONS OF THE ACT.'

5. IN GRANTING CASH RELIEF WE HAVE THREE CLASSES OF APPLICATIONS TO CONSIDER: (1) THOSE OF FORMER EMPLOYEES WHOSE SERVICES WERE TERMINATED WITHIN THREE YEARS PRIOR TO THE PASSAGE OF THE ACT, OR, IN OTHER WORDS, APPLICANTS WHO HAVE HAD A BREAK BETWEEN EMPLOYMENT STATUS AND RELIEF STATUS, (2) THOSE EMPLOYEES WHO WERE DROPPED FROM THE PAY ROLL SUBSEQUENT TO JULY 8, 1937, THE DATE OF THE PASSAGE OF THE ACT, AND PRIOR TO THE PROMULGATION OF THE GOVERNOR'S REGULATIONS OF MARCH 29, 1938, AND (3) THOSE PRESENTLY IN THE SERVICE WHO WILL BE TRANSFERRED FROM THE ACTIVE PAY ROLL TO THE DISABILITY RELIEF ROLL WITHOUT BREAK BETWEEN EMPLOYMENT STATUS AND RELIEF STATUS.

6. IN THE FIRST AND SECOND CLASSES OF CASES IT IS CONSIDERED THAT THE GOVERNOR HAS AUTHORITY TO AWARD RELIEF PAYMENTS EFFECTIVE FROM DATE OF RECEIPT OF APPLICATION FOR RELIEF, ALTHOUGH THE AWARD ITSELF MAY NOT BE WHOLLY DEVELOPED AND FINALLY APPROVED UNTIL SOME FUTURE DATE. AS A PRACTICAL MATTER IN SUCH CASES IT IS PROPOSED TO MAKE THE EFFECTIVE DATE COMMENCE ON THE FIRST DAY OF THE MONTH SUCCEEDING THE DATE OF RECEIPT OF THE APPLICATION. OR THE GOVERNOR IN HIS DISCRETION AND DEPENDING UPON THE CIRCUMSTANCES OF THE APPLICANT, MAY MAKE THE COMMENCING DATE EFFECTIVE AT THE BEGINNING OF THE MONTH IN WHICH THE AWARD IS APPROVED, OR THE BEGINNING OF SOME SUBSEQUENT MONTH FOLLOWING THAT IN WHICH THE AWARD IS APPROVED.

7. IN BOTH THE FIRST AND SECOND CLASSES THERE WILL HAVE BEEN SOME EMPLOYEES WHO WERE DROPPED FROM THE PAY ROLL ON ACCOUNT OF REDUCTION OF FORCE AND WHO HAVE FILED OR WILL FILE APPLICATIONS FOR DISABILITY RELIEF BECAUSE THEY ARE NO LONGER FIT FOR USEFUL SERVICE. IN SUCH CASES IT IS PROPOSED TO GRANT RELIEF WITHIN THE LIMITATIONS DESCRIBED ABOVE IF THE GOVERNOR HAS DETERMINED AS A MATTER OF FACT THAT SUCH EMPLOYEES WERE ACTUALLY UNFIT FOR FURTHER USEFUL SERVICE BY REASON OF MENTAL OR PHYSICAL DISABILITY RESULTING FROM AGE OR DISEASE AT THE TIME OF SEPARATION FROM THE SERVICE.

8. IN THE THIRD CLASS OF CASES IT WILL GENERALLY HAPPEN THAT THE APPLICATION FOR RELIEF WILL BE FILED AND CONSIDERED WHILE THE EMPLOYEE IS STILL IN THE ACTIVE SERVICE, AND CONSEQUENTLY THE EMPLOYEE WILL REMAIN ON THE ACTIVE PAY ROLL UNTIL THE APPLICATION FOR DISABILITY RELIEF IS APPROVED. IN THESE CASES IT IS PROPOSED TO MAKE THE AWARD EFFECTIVE THE BEGINNING OF THE MONTH FOLLOWING THAT IN WHICH THE EMPLOYEE IS SEPARATED FROM THE SERVICE, SO THAT THERE WILL BE NO BREAK BETWEEN THE EMPLOYMENT AND THE RELIEF STATUS. SHOULD ANY CIRCUMSTANCE ARISE WHEREBY THE EMPLOYEE IS DROPPED FROM A PAY STATUS BEFORE THE AWARD IS APPROVED, IT IS CONSIDERED THAT THE GOVERNOR IN HIS DISCRETION COULD STILL APPROVE THE AWARD EFFECTIVE AT THE BEGINNING OF THE MONTH FOLLOWING THAT IN WHICH THE EMPLOYEE IS SEPARATED FROM THE SERVICE. ALSO, SHOULD AN EMPLOYEE WHOSE APPLICATION FOR RELIEF IS UNDER CONSIDERATION BE DROPPED FROM THE PAY ROLL ON ACCOUNT OF SERIOUS ILLNESS AND SAID EMPLOYEE SHOULD DIE BEFORE AN AWARD IS APPROVED, IT IS CONSIDERED THAT IN THESE CIRCUMSTANCES THE GOVERNOR COULD MAKE A POST MORTEM AWARD EFFECTIVE AT THE BEGINNING OF THE MONTH FOLLOWING THAT IN WHICH THE EMPLOYEE WAS DROPPED FROM THE PAY ROLL, AND THE PAYMENT OF CASH RELIEF DUE THE DECEASED EMPLOYEE WOULD BE MADE TO THE DESIGNATED BENEFICIARY, AS PROVIDED BY SECTION 4 OF THE EXECUTIVE ORDER OF MARCH 12, 1938, AND PARAGRAPH 11 OF THE GOVERNOR'S CIRCULAR NO. 731 OF MARCH 29, 1938.

9. PLEASE ADVISE WHETHER THE PROCEDURE AS PROPOSED ABOVE WILL MEET WITH THE APPROVAL OF YOUR OFFICE IN THE AUDIT OF THE DISABILITY RELIEF ROLL.

10. THE QUESTION HAS ALSO ARISEN AS TO WHETHER THE DISCONTINUANCE OF DISABILITY RELIEF SHOULD TERMINATE ON THE DATE OF THE DEATH OF A DISABLED EMPLOYEE OR WHETHER IT WOULD CONTINUE THROUGH THE MONTH IN WHICH DEATH OCCURRED, AND IT IS DESIRED, ALSO, THAT A RULING BE MADE ON THIS POINT.

11. IN CONNECTION WITH THE FOREGOING, ATTENTION IS INVITED TO SECTION 91 OF TITLE 38, U.S. CODE, AND TO THE EXECUTIVE ORDER OF JULY 28, 1933, CITED ON PAGE 1696 OF THE U.S. CODE, RELATING TO THE EFFECTIVE DATES OF AWARDS OF DISABILITY AND DEATH PENSIONS, THE ADMINISTRATION OF WHICH IS UNDER THE VETERANS' ADMINISTRATION. APPARENTLY UNDER THESE AUTHORITIES THE FILING DATE OF THE APPLICATION GOVERNS THE COMMENCING DATE OF PAYMENT, WHILE THE TERMINATION OF PAYMENTS ON ACCOUNT OF DEATH IS EFFECTIVE AS OF THE DATE OF DEATH. SEE ALSO SECTION 47A, TITLE 5, U.S. CODE, ESTABLISHING A UNIFORM DATE FOR RETIREMENT OF GOVERNMENT EMPLOYEES AS BEING THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH RETIREMENT IS EFFECTIVE.

12. AS SEVERAL AWARDS INVOLVING THE FOREGOING QUESTIONS ARE NOW UNDER CONSIDERATION, IT WOULD BE APPRECIATED IF YOUR DECISION IN THE FOREGOING CAN BE EXPEDITED.

THE PORTION OF SECTION 1 OF THE ACT NOT QUOTED IN YOUR LETTER IS AS FOLLOWS:

* * * PROVIDED, THAT SUCH CASH RELIEF SHALL NOT EXCEED $1 PER MONTH FOR EACH YEAR OF SERVICE OF THE EMPLOYEE SO FURNISHED RELIEF, WITH A MAXIMUM OF $25 PER MONTH, NOR BE GRANTED TO ANY EMPLOYEE HAVING LESS THAN TEN YEARS' SERVICE WITH THE PANAMA CANAL, INCLUDING ANY SERVICE WITH THE PANAMA RAILROAD COMPANY ON THE ISTHMUS OF PANAMA.

THE STATUTE DOES NOT CREATE A RIGHT TO A RETIREMENT ANNUITY OR PENSION, BUT IS A RELIEF STATUTE AUTHORIZING BUT NOT REQUIRING THE ALLOWANCE OF A CASH GRATUITY TO THE CLASS OF BENEFICIARIES NAMED THEREIN. THE STATUTE IS RETROACTIVE TO THE EXTENT OF INCLUDING WITHIN ITS BENEFITS EMPLOYEES WHO WERE SEPARATED FROM THE SERVICE FOR THE REASON STATED AFTER JULY 8, 1934. NOTHING SPECIFICALLY APPEARS IN THE STATUTE RELATING TO THE BEGINNING AND ENDING DATES OF THE PAYMENT OF THE GRATUITY, OR WHEN THE PAYMENTS ARE AUTHORIZED TO BE MADE, OR THE MINIMUM AMOUNT THAT MAY BE ALLOWED IN INDIVIDUAL CASES. THESE ARE MATTERS WHICH HAVE BEEN LEFT TO THE DISCRETION OF THE PRESIDENT AND UNDER HIS AUTHORITY TO THE GOVERNOR OF THE PANAMA CANAL. THE CONDITIONS LAID DOWN BY THE STATUTE ARE (1) THAT THE EMPLOYEE MUST HAVE BEEN SEPARATED FROM THE SERVICE BECAUSE OF UNFITNESS FOR FURTHER USEFUL SERVICE BY REASON OF DISABILITY RESULTING FROM AGE OR DISEASE BEFORE THE EFFECTIVE DATE OF THE ALLOWANCE, AND (2) THE AMOUNT OF THE ALLOWANCE SHALL NOT EXCEED $1 PER MONTH FOR EACH MONTH OF SERVICE OF THE EMPLOYEE OF NOT LESS THAN 10 YEARS AND THE MAXIMUM ALLOWANCE MAY NOT EXCEED $25 PER MONTH.

REFERRING TO PARAGRAPH 6 OF YOUR LETTER, THE BEGINNING DATE OF THE ALLOWANCE MAY BE FIXED AS THE FIRST DAY OF ANY MONTH AFTER SEPARATION OF THE EMPLOYEE FROM THE SERVICE IN ALL THREE CLASSES OF CASES MENTIONED IN PARAGRAPH 5, REQUIRING EITHER RETROACTIVE OR PROSPECTIVE PAYMENTS. THE RELIEF ROLLS TRANSMITTED TO THIS OFFICE FOR AUDIT SHOULD SHOW THE DATE OF SEPARATION AND THE EFFECTIVE DATE OF THE ALLOWANCE.

REFERRING TO PARAGRAPH 7, IT IS UNDERSTOOD THE OFFICIAL RECORD MAY NOT SHOW THAT AN EMPLOYEE WAS SEPARATED PRIOR TO THE DATE OF THE ACT BECAUSE OF UNFITNESS FOR FURTHER USEFUL SERVICE BY REASON OF DISABILITY, BUT THAT SUCH CONDITION OF THE EMPLOYEE MAY HAVE BEEN THE REASON FOR THE SELECTION FOR SEPARATION BECAUSE OF REDUCTION OF FORCE. IF THESE ARE THE FACTS THE REASON FOR SEPARATION STATED OF RECORD NEED NOT PRECLUDE ALLOWANCE OF THE GRATUITY IF IT IS CLEARLY ESTABLISHED BY COMPETENT AUTHORITY AS OF THE DATE OF SEPARATION THAT THE EMPLOYEE WAS ACTUALLY UNFIT FOR FURTHER SERVICE BECAUSE OF DISABILITY AND A PROPER SHOWING IS MADE ACCORDINGLY IN SUPPORT OF RELIEF PAYMENTS. HOWEVER, CURRENT RECORDS OF SEPARATION SHOULD REFLECT THE TRUE CONDITION OF THE EMPLOYEE AS A BASIS OF ALLOWANCE FOR RELIEF.

THERE IS NO LEGAL OBJECTION TO THE PROPOSAL REGARDING THE EFFECTIVE DATE OF THE ALLOWANCE TO BENEFICIARIES WHO ARE ALIVE STATED IN THE FIRST PART OF PARAGRAPH 8. SEE CONSIDERATION OF PARAGRAPH 6, SUPRA.

REFERRING TO THE LAST PART OF PARAGRAPH 8, THE PORTION OF SECTION 4 OF EXECUTIVE ORDER NO. 7837, DATED MARCH 12, 1938, NOT QUOTED IN YOUR LETTER, PUBLISHED IN THE FEDERAL REGISTER OF MARCH 15, 1938, IS AS FOLLOWS:

* * * PROVIDED, THAT THE AMOUNT UNPAID ON THE DEATH OF THE BENEFICIARY MAY BE PAID ONLY TO THE PERSON WHO SHALL HAVE BEEN DESIGNATED BY THE BENEFICIARY WITH THE APPROVAL OF THE GOVERNOR TO RECEIVE SUCH AMOUNT. PAYMENTS SHALL BE MADE BY THE PAYMASTER, THE PANAMA CANAL.

PARAGRAPH 11 OF THE GOVERNOR'S CIRCULAR NO. 731, DATED MARCH 29, 1938, PUBLISHED IN THE FEDERAL REGISTER OF APRIL 29, 1938, IS AS FOLLOWS:

11. DESIGNATION OF PAYEE UPON DEATH OF BENEFICIARY.--- AN APPLICANT FOR CASH RELIEF SHALL BE REQUIRED TO DESIGNATE A PERSON TO WHOM SHALL BE PAID ANY AMOUNT WHICH MAY BE DUE TO THE APPLICANT AT THE TIME OF HIS DEATH, UNDER THE ACT OF JULY 8, 1937. THE DESIGNATION OF SUCH PERSON MAY SUBSEQUENTLY, EITHER BEFORE OR AFTER BECOMING A BENEFICIARY OF THE ACT OF JULY 8, 1937, REQUEST A CHANGE IN THE PERSON DESIGNATED TO RECEIVE ANY UNPAID AMOUNTS DUE THE BENEFICIARY AT THE TIME OF HIS DEATH, SUBJECT TO THE APPROVAL OF THE GOVERNOR.

AS HEREIN STATED THE ACT HERE IN QUESTION DOES NOT CREATE A RIGHT TO THE MONEY PAYMENTS AUTHORIZED IN FAVOR OF THE BENEFICIARIES BUT MERELY AUTHORIZES THE ALLOWANCE OF A GRATUITY TO A CERTAIN CLASS OF BENEFICIARIES UNDER CERTAIN CONDITIONS. IT HAS BEEN HELD BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT CASH GRATUITY PAYMENTS BEING PERSONAL TO INDIVIDUALS OR CLASS SPECIFIED IN THE STATUTE DO NOT SURVIVE TO THE HEIRS OR PERSONAL REPRESENTATIVE. 22 COMP. DEC. 524; 3 COMP. GEN. 642. IN THE PRESENT MATTER, HOWEVER, THE STATUTE PROVIDES RELIEF AND VESTS BROAD DISCRETION IN THE PRESIDENT AND UNDER HIS AUTHORITY IN THE GOVERNOR OF THE PANAMA CANAL TO GRANT THE RELIEF AND FIX THE AMOUNT THEREOF SUBJECT TO A MAXIMUM, APPARENTLY BASED ON THE FINANCIAL CONDITION OF THE FORMER EMPLOYEE AND HIS FAMILY. IN SUCH CIRCUMSTANCES, POST MORTEM AWARDS AS PROVIDED BY THE REGULATIONS, SUPRA, NEED NOT BE QUESTIONED BY THIS OFFICE. THIS CONCLUSION IS SUPPORTED BY THE CONGRESSIONAL COMMITTEE REPORTS AND THE HEARINGS ON THE BILLS WHICH FINALLY BECAME THE STATUTE UNDER CONSIDERATION. SEE, ALSO, THE CASE OF CAMPBELL, ADMINISTRATOR V. UNITED STATES, 80 CT.CLS. 836.

THE QUESTION IN PARAGRAPH 9 APPEARS SUFFICIENTLY ANSWERED BY THE FOREGOING AND AS TO PARAGRAPH 10 IT MAY BE STATED THAT IN THE ABSENCE OF ANY EXPRESS PROVISION IN THE STATUTE AUTHORIZING CONTINUANCE OF THE ALLOWANCE AFTER THE DEATH OF THE FORMER EMPLOYEE, THE RELIEF PAYMENT SHOULD TERMINATE ON THE DATE OF HIS DEATH.

AS THE CASH RELIEF ALLOWANCE IS NOT A RETIREMENT ANNUITY, THE UNIFORM RETIREMENT DATE ACT CITED IN THE LAST SENTENCE OF PARAGRAPH 11, MAY BE, BUT IS NOT REQUIRED TO BE APPLIED.