B-124936, OCT. 21, 1955

B-124936, OCT. 21, 1955

TO HONORABLE RAYMOND J. KELLY, CHAIRMAN, RAILROAD RETIREMENT BOARD:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1955, WITH ENCLOSURES, CONCERNING AN INDEBTEDNESS OF $1,251.17 DUE THE UNITED STATES FROM CATHERINE CARTER, ADMINISTRATRIX OF THE ESTATE OF WALTER E. RICH, SR., DECEASED, ARISING AS A RESULT OF ERRONEOUS DISABILITY ANNUITY PAYMENTS MADE TO WALTER E. RICH, SR., BY THE RAILROAD RETIREMENT BOARD DURING THE PERIOD FROM FEBRUARY 1, 1951, TO JUNE 30, 1952.

AS THE GENERAL ACCOUNTING OFFICE HAS NO VESTED AUTHORITY TO EXECUTE A RELEASE OF ANY CLAIM IN FAVOR OF THE UNITED STATES, OR TO ACCEPT A COMPROMISE OFFER OF SETTLEMENT, YOUR LETTER, INCLUDING ONE COPY OF THE RAILROAD RETIREMENT BOARD FILE, CONSISTING OF 31 PAGES, 19 EXHIBITS, WAS FORWARDED TO THE ATTORNEY GENERAL FOR CONSIDERATION. ATTACHED HERETO IS THE LETTER DATED SEPTEMBER 27, 1955, RECEIVED FROM THE ASSISTANT ATTORNEY GENERAL AUTHORIZING ACCEPTANCE OF THE OFFER MADE ON BEHALF OF THE ADMINISTRATRIX, WITH THE EXPRESSED OPINION THAT SUCH ACCEPTANCE WOULD BE ADVANTAGEOUS TO AND IN THE INTEREST OF THE UNITED STATES.

IN VIEW OF THE AUTHORIZATION MADE BY THE ASSISTANT ATTORNEY GENERAL, THE OFFER TENDERED MAY BE ACCEPTED. CONSEQUENTLY, THE FORM OF RELEASE ON FILE PREPARED FOR SIGNATURE ON BEHALF OF THE RAILROAD RETIREMENT BOARD MAY (AFTER REVISION OF THE DATES APPEARING THEREIN) BE EXECUTED BY YOU AND RETURNED TO MR. JOSEPH F. KAUFMAN, ATTORNEY FOR THE ADMINISTRATRIX, IN COMPLIANCE WITH HIS LETTER TO YOUR BOARD DATED MARCH 31, 1955. TWO COMPLETE COPIES OF YOUR FILE OF DOCUMENTS, LETTERS AND MEMORANDA, ARE HEREWITH ENCLOSED.

IT WILL BE APPRECIATED IF YOU WILL ADVISE OUR OFFICE AS SOON AS COLLECTION OF THE SUM OF $508.44 HAS BEEN EFFECTED.