B-111875, OCTOBER 3, 1952, 32 COMP. GEN. 163

B-111875: Oct 3, 1952

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WHICH PROVIDES THAT ALL CLAIMS FOR NIGHT DIFFERENTIAL AND OVERTIME COMPENSATION MUST BE FILED IN WRITING WITH THE DEPARTMENT OR AGENCY IN WHICH THE SERVICES WERE RENDERED WITHIN TWO YEARS AFTER THE DATE OF APPROVAL OF THE ACT. DID NOT COMPLY WITH THE REQUIREMENTS OF THE ACT AND ARE NOT ENTITLED TO PAYMENT FOR CLAIMS WHICH WERE NOT FILED IN THE OFFICES IN WHICH THE EMPLOYEES RENDERED THE SERVICES WITHIN THE TWO YEAR STATUTORY LIMITATION PERIOD. 1952: REFERENCE IS MADE TO YOUR ENDORSEMENT ON LETTER DATED JANUARY 6. FOX CONCERNING BACK NIGHT PAY AND INFORMING HER THAT SUCH CLAIMS ARE NOT RECEIVED BY THE CIVIL SERVICE COMMISSION BUT SHOULD BE FILED WITH THE PHILADELPHIA QUARTERMASTER DEPOT. YOUR CLAIMS FOR NIGHT DIFFERENTIAL FOR SERVICES PERFORMED AS EMPLOYEES OF THE WAR DEPARTMENT WERE DISALLOWED BY SETTLEMENTS OF AUGUST 19.

B-111875, OCTOBER 3, 1952, 32 COMP. GEN. 163

STATUTE OF LIMITATIONS - NIGHT DIFFERENTIAL AND OVERTIME COMPENSATION CLAIMS - FILING REQUIREMENTS UNDER THE ACT OF JULY 31, 1946, WHICH PROVIDES THAT ALL CLAIMS FOR NIGHT DIFFERENTIAL AND OVERTIME COMPENSATION MUST BE FILED IN WRITING WITH THE DEPARTMENT OR AGENCY IN WHICH THE SERVICES WERE RENDERED WITHIN TWO YEARS AFTER THE DATE OF APPROVAL OF THE ACT, EMPLOYEES OF THE WAR DEPARTMENT WHO FILED CLAIMS FOR NIGHT DIFFERENTIAL WITH THE CIVIL SERVICE COMMISSION WITHIN THE TWO YEAR PERIOD ALLOWED BY THE ACT, DID NOT COMPLY WITH THE REQUIREMENTS OF THE ACT AND ARE NOT ENTITLED TO PAYMENT FOR CLAIMS WHICH WERE NOT FILED IN THE OFFICES IN WHICH THE EMPLOYEES RENDERED THE SERVICES WITHIN THE TWO YEAR STATUTORY LIMITATION PERIOD.

COMPTROLLER GENERAL WARREN TO MISSES CONSUELO H. AND MILDRED H. FOX, OCTOBER 3, 1952:

REFERENCE IS MADE TO YOUR ENDORSEMENT ON LETTER DATED JANUARY 6, 1947, FROM THE CHIEF, PERSONNEL CLASSIFICATION DIVISION, UNITED STATES CIVIL SERVICE COMMISSION, ACKNOWLEDGING RECEIPT OF A LETTER FROM CONSUELO H. FOX CONCERNING BACK NIGHT PAY AND INFORMING HER THAT SUCH CLAIMS ARE NOT RECEIVED BY THE CIVIL SERVICE COMMISSION BUT SHOULD BE FILED WITH THE PHILADELPHIA QUARTERMASTER DEPOT. THE ENDORSEMENT STATES "AM SENDING YOU THIS AS PROOF THAT WE PUT OUR CLAIMS IN FOR OUR NIGHT MONEY.'

YOUR CLAIMS FOR NIGHT DIFFERENTIAL FOR SERVICES PERFORMED AS EMPLOYEES OF THE WAR DEPARTMENT WERE DISALLOWED BY SETTLEMENTS OF AUGUST 19, 1952, FOR THE REASON THAT THEY WERE NOT FILED WITHIN TWO YEARS AFTER THE PASSAGE OF THE ACT OF JULY 31, 1946, PUBLIC LAW 575, 50 STAT. 747.

THE ACT OF JULY 31, 1946, PROVIDES THAT ALL CLAIMS FOR NIGHT DIFFERENTIAL AND OVERTIME COMPENSATION BASED UPON THE DIFFERENCE BETWEEN THE AMOUNTS RECEIVED FOR SUCH SERVICES AND THE AMOUNTS COMPUTED AT NIGHT RATES "SHALL BE PAID BY THE PROPER DISBURSING OFFICER FOR THE DEPARTMENT OR AGENCY UNDER WHICH SUCH COMPENSATION WAS EARNED," WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL IN WHICH THE CLAIMS WERE REQUIRED TO BE FILED IN THE GENERAL ACCOUNTING OFFICE. SECTION 3 (B) OF THAT ACT PROVIDES:

NO AMOUNT SHALL BE CERTIFIED FOR PAYMENT UNDER SECTION 2 OF THIS ACT * * * UNLESS APPLICATION SHALL HAVE BEEN FILED IN WRITING, PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE DATE OF APPROVAL OF THIS ACT * * *.

THE CIVIL SERVICE COMMISSION HAD NO JURISDICTION OVER SUCH CLAIMS WHEN FILED BY OTHER THAN EMPLOYEES OF THE CIVIL SERVICE COMMISSION AND THE FILING OF YOUR CLAIMS WITH THE CIVIL SERVICE COMMISSION DID NOT COMPLY WITH THE REQUIREMENTS OF PUBLIC LAW 575, SUPRA, AS YOUR CLAIMS SHOULD HAVE BEEN FILED WITH THE OFFICE IN WHICH THE SERVICES WERE RENDERED. IN THE CIRCUMSTANCES, YOUR CLAIMS PROPERLY WERE DISALLOWED AS NOT HAVING BEEN FILED IN TIME; HENCE, UPON REVIEW, THE SETTLEMENTS MUST BE AND ARE SUSTAINED.