B-112596, DECEMBER 5, 1952, 32 COMP. GEN. 272

B-112596: Dec 5, 1952

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HOLIDAY COMPENSATION BASED ON THE DIFFERENCE BETWEEN DAY RATES AND NIGHT RATES ARE REQUIRED TO BE SUBMITTED PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE APPROVAL OF THE ACT. SO THAT THE CLAIM OF AN EMPLOYEE THAT WAS NOT FILED WITHIN THE TWO-YEAR PERIOD WHICH EXPIRED JULY 31. IS BARRED FROM CONSIDERATION UNDER THE ACT. NOTWITHSTANDING THAT THE CLAIMANT DID NOT HAVE ACTUAL OR CONSTRUCTIVE NOTICE OF HIS RIGHTS UNDER THE ACT. 1952: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE OCTOBER 14. THE DISALLOWANCE STATED THAT UNDER SECTION 3 (B) OF THE ACT IT WAS REQUIRED THAT ALL CLAIMS BE SUBMITTED PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE APPROVAL OF THE ACT AND AS YOUR CLAIM WAS NOT FILED WITHIN THE TWO-YEAR PERIOD.

B-112596, DECEMBER 5, 1952, 32 COMP. GEN. 272

STATUTE OF LIMITATIONS - NIGHT DIFFERENTIAL COMPENSATION - ACT OF JULY 31, 1946 UNDER SECTION 3 (B) OF THE ACT OF JULY 31, 1946, CLAIMS FOR OVERTIME, LEAVE, AND HOLIDAY COMPENSATION BASED ON THE DIFFERENCE BETWEEN DAY RATES AND NIGHT RATES ARE REQUIRED TO BE SUBMITTED PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE APPROVAL OF THE ACT, SO THAT THE CLAIM OF AN EMPLOYEE THAT WAS NOT FILED WITHIN THE TWO-YEAR PERIOD WHICH EXPIRED JULY 31, 1948, IS BARRED FROM CONSIDERATION UNDER THE ACT, NOTWITHSTANDING THAT THE CLAIMANT DID NOT HAVE ACTUAL OR CONSTRUCTIVE NOTICE OF HIS RIGHTS UNDER THE ACT.

ACTING COMPTROLLER GENERAL YATES TO RUDOLPH J. GUTH, DECEMBER 5, 1952:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE OCTOBER 14, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 11, 1952, DISALLOWING YOUR CLAIM FOR NIGHT DIFFERENTIAL ALLEGED TO BE DUE YOU UNDER THE PROVISIONS OF PUBLIC LAW 575, APPROVED JULY 31, 1946, 60 STAT. 747, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, PHILADELPHIA NAVAL BASE, DURING THE PERIOD FROM 1942 TO 1946. THE DISALLOWANCE STATED THAT UNDER SECTION 3 (B) OF THE ACT IT WAS REQUIRED THAT ALL CLAIMS BE SUBMITTED PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE APPROVAL OF THE ACT AND AS YOUR CLAIM WAS NOT FILED WITHIN THE TWO-YEAR PERIOD, WHICH EXPIRED JULY 31, 1948, IT WAS BARRED FROM CONSIDERATION UNDER SAID ACT. IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOU WERE NOT WORKING AT THE SHIPYARD AT THE TIME NOTICE OF ELIGIBILITY FOR SUCH ADDITIONAL COMPENSATION WAS ISSUED AND THAT YOU DID NOT KNOW THAT YOU WERE ENTITLED TO SUCH A CLAIM UNTIL YOU RETURNED TO WORK IN 1950.

SECTION 3B OF THE ACT OF JULY 31, 1946, PUBLIC LAW 575, PROVIDES AS FOLLOWS:

NO AMOUNT SHALL BE CERTIFIED FOR PAYMENT UNDER SECTION 2 OF THIS ACT UNLESS APPLICATION SHALL HAVE BEEN SUBMITTED IN WRITING, PRIOR TO THE EXPIRATION OF TWO YEARS AFTER THE DATE OF APPROVAL OF THIS ACT,OVER THE SIGNATURE OF THE PERSON PERFORMING THE SERVICE: * * *

THE FOREGOING IS A STATUTE OF LIMITATIONS IMPOSED BY THE CONGRESS. IT IS FUNDAMENTAL THAT THE APPLICATION OF SUCH A STATUTE IS NOT CONTINGENT UPON ACTUAL OR CONSTRUCTIVE NOTICE TO POSSIBLE CLAIMANTS. UNDER THE CIRCUMSTANCES, THIS OFFICE IS WITHOUT AUTHORITY TO PAY ANY CLAIM NOT FILED WITHIN THE TWO-YEAR PERIOD--- THERE BEING NO AUTHORITY TO WAIVE THE STATUTORY REQUIREMENT.

UPON REVIEW, THE SETTLEMENT APPEARS CORRECT AND IT MUST BE AND IS SUSTAINED.