B-126763, APRIL 30, 1956, 35 COMP. GEN. 600

B-126763: Apr 30, 1956

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STATUTE OF LIMITATIONS - CLAIMS UNDER THE MISSING PERSONS ACT ENTITLEMENT TO BENEFITS UNDER THE MISSING PERSONS ACT DOES NOT ACCRUE UNTIL AN ADMINISTRATIVE DETERMINATION AS TO DEATH OR OTHER STATUS IS MADE AND. THE TEN-YEAR STATUTE OF LIMITATIONS FOR CONSIDERATION OF CLAIMS FILED IN THE GENERAL ACCOUNTING OFFICE (31 U.S.C. 71A) DOES NOT BEGIN FROM THE TIME FOR WHICH PAYMENT IS CLAIMED. 1956: REFERENCE IS MADE TO LETTER OF YOUR OFFICE DATED JANUARY 25. WAS PREDICATED UPON THE VIEW THAT THE AMOUNT STATED COMPRISED A PAYMENT COVERING A PERIOD MORE THAN TEN YEARS PRIOR TO RECEIPT OF THE CLAIM IN THE GENERAL ACCOUNTING OFFICE AND THAT IT THEREFORE BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9.

B-126763, APRIL 30, 1956, 35 COMP. GEN. 600

STATUTE OF LIMITATIONS - CLAIMS UNDER THE MISSING PERSONS ACT ENTITLEMENT TO BENEFITS UNDER THE MISSING PERSONS ACT DOES NOT ACCRUE UNTIL AN ADMINISTRATIVE DETERMINATION AS TO DEATH OR OTHER STATUS IS MADE AND, THEREFORE, THE TEN-YEAR STATUTE OF LIMITATIONS FOR CONSIDERATION OF CLAIMS FILED IN THE GENERAL ACCOUNTING OFFICE (31 U.S.C. 71A) DOES NOT BEGIN FROM THE TIME FOR WHICH PAYMENT IS CLAIMED, BUT FROM THE DATE OF THE ADMINISTRATIVE DETERMINATION. B-121683, DECEMBER 1, 1954, UNPUBLISHED DECISION OVERRULED.

TO JUDGE ADVOCATE GENERAL, ARMED FORCES OF THE PHILIPPINES, APRIL 30, 1956:

REFERENCE IS MADE TO LETTER OF YOUR OFFICE DATED JANUARY 25, 1956, SIGNED BY ANTONIO S. VINLUAN, MAJOR, JAGS, CHIEF, CLAIMS BRANCH, REGARDING THE AMOUNT PAID TO YOU AS ADMINISTRATOR OF THE ESTATE OF EPIFANIO ENTERIA, A FORMER CIVILIAN EMPLOYEE OF THE UNITED STATES ARMY, IN THE PHILIPPINES, UNDER THE PHILIPPINE REPUBLIC ACT NO. 136, AS AMENDED, FOR ARREARS OF PAY COVERING THE PERIOD MARCH 1, 1942, TO SEPTEMBER 2, 1945, UNDER THE MISSING PERSONS ACT, 50 U.S.C. APP. 1001.

THE LETTER FROM OUR CLAIMS DIVISION REQUESTING REFUND OF $471.20, IN THAT CASE, WAS PREDICATED UPON THE VIEW THAT THE AMOUNT STATED COMPRISED A PAYMENT COVERING A PERIOD MORE THAN TEN YEARS PRIOR TO RECEIPT OF THE CLAIM IN THE GENERAL ACCOUNTING OFFICE AND THAT IT THEREFORE BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, U.S.C. 71A.

WE HAVE RECONSIDERED OUR POSITION CONCERNING THE OPERATION OF THE 1940 ACT ON CLAIMS ARISING UNDER THE MISSING PERSONS ACT AND HAVE NOW CONCLUDED THAT A RIGHT WITHIN THE PURVIEW OF THE MISSING PERSONS ACT, DOES NOT ACCRUE UNTIL THERE HAS BEEN AN APPROPRIATE ADMINISTRATIVE DETERMINATION AS REQUIRED BY THE TERMS OF THAT ACT. SINCE THE NECESSARY DETERMINATION WAS NOT MADE IN THE CASE OF EPIFANIO ENTERIA, DECEASED, UNTIL AUGUST 9, 1954, THE LIMITATION PROVISION OF THE 1940 STATUTE DID NOT BEGIN TO RUN UNTIL THAT DATE. ACCORDINGLY, IT APPEARS THAT THE SETTLEMENT WAS PROPER AND THAT THE REQUEST FOR REFUND SHOULD BE DISREGARDED. FURTHER, OUR DECISION OF DECEMBER 1, 1954, B-121683, TO YOU, CONCERNING A SIMILAR SITUATION NO LONGER WILL BE FOLLOWED AND THE CLAIM THEREIN DISALLOWED WILL BE REOPENED AND RECONSIDERED BY OUR OFFICE.