B-128631, OCT. 29, 1956

B-128631: Oct 29, 1956

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TO THE ATTORNEY GENERAL: IT HAS COME TO OUR ATTENTION THAT AN OVERPAYMENT OF $297 WAS MADE TO MR. TO WHICH HE WAS ENTITLED AS LEADINGMAN RIGGER. PAYMENT OF THE AMOUNT OF THIS JUDGMENT WAS MADE UPON THE BASIS OF OUR CERTIFICATE OF SETTLEMENT NO. 2042291. THAT SUM REPRESENTS THE DIFFERENCE BETWEEN THE AMOUNT THE EMPLOYEE WOULD HAVE BEEN PAID HAD HE REMAINED A QUARTERMAN RIGGER DURING THE PERIOD FROM JULY 28. PAYMENT OF THIS JUDGMENT WAS MADE ON VOUCHER AND SCHEDULE OF PAYMENTS RELEASED BY OUR OFFICE ON MAY 4. THAT TO WHICH HE WAS ENTITLED AS QUARTERMAN RIGGER. THE PAY TO WHICH HE WAS ENTITLED AS QUARTERMAN RIGGER. THIS DUPLICATE PAYMENT WAS BROUGHT TO OUR ATTENTION BY THE CIVIL SERVICE COMMISSION AFTER THE FORMER EMPLOYEE REQUESTED AN ADJUSTMENT OF THE RATE OF HIS ANNUITY.

B-128631, OCT. 29, 1956

TO THE ATTORNEY GENERAL:

IT HAS COME TO OUR ATTENTION THAT AN OVERPAYMENT OF $297 WAS MADE TO MR. JOHN BRAKKE AS A CONSEQUENCE OF STIPULATION ENTERED INTO WITH HIS ATTORNEY, LEONARD J. MEISELMAN, 74 TRINITY PLACE, NEW YORK 6, NEW YORK, WHICH TERMINATED IN TWO UNITED STATES COURT OF CLAIMS JUDGMENTS IN FAVOR OF MR. BRAKKE.

IN THE CASE OF CHARLES L. BUDDY, ET AL., V. THE UNITED STATES, C.CLS. NO. 49755, THE COURT OF CLAIMS RENDERED JUDGMENT ON FEBRUARY 5, 1952, IN FAVOR OF JOHN BRAKKE IN THE AMOUNT OF $297. THAT AMOUNT REPRESENTED THE DIFFERENCE BETWEEN THE RATE OF $14.72 PER DAY, TO WHICH HE WAS ENTITLED AS LEADINGMAN RIGGER, AND $12.32 PER DAY, THE RATE PAID HIM AS RIGGER DURING THE PERIOD FROM JANUARY 12 TO JULY 5, 1948. PAYMENT OF THE AMOUNT OF THIS JUDGMENT WAS MADE UPON THE BASIS OF OUR CERTIFICATE OF SETTLEMENT NO. 2042291, DATED JUNE 13, 1952.

IN THE CASE OF RAYMOND BORRIELLO, ET AL., V. THE UNITED STATES, C.CLS. NO. 465-53, THE COURT OF CLAIMS RENDERED JUDGMENT IN FAVOR OF MR. BRAKKE, IN THE AMOUNT OF $2,554.01, ON JULY 13, 1954. THAT SUM REPRESENTS THE DIFFERENCE BETWEEN THE AMOUNT THE EMPLOYEE WOULD HAVE BEEN PAID HAD HE REMAINED A QUARTERMAN RIGGER DURING THE PERIOD FROM JULY 28, 1947, TO APRIL 30, 1951, DATE OF HIS RETIREMENT (INCLUDING LUMP-SUM LEAVE PAYMENT), AND THE AMOUNT PAID HIM DURING THAT PERIOD AS LEADINGMAN RIGGER AND RIGGER. PAYMENT OF THIS JUDGMENT WAS MADE ON VOUCHER AND SCHEDULE OF PAYMENTS RELEASED BY OUR OFFICE ON MAY 4, 1955, BUREAU SCHEDULE NO. C- 1797. SINCE THIS LATTER PAYMENT INCLUDED THE DIFFERENCE BETWEEN THE AMOUNT THE FORMER EMPLOYEE RECEIVED AS RIGGER AT THE RATE OF $12.32 PER DAY, AND THAT TO WHICH HE WAS ENTITLED AS QUARTERMAN RIGGER, AT THE RATE OF $17.12 PER DAY, DURING THE PERIOD JANUARY 12 TO JULY 4, 1948, RATHER THAN THE DIFFERENCE BETWEEN THE PAY HE RECEIVED AS LEADINGMAN RIGGER UNDER THE COURT OF CLAIMS JUDGMENT DATED FEBRUARY 5, 1952, AND THE PAY TO WHICH HE WAS ENTITLED AS QUARTERMAN RIGGER, A DUPLICATE PAYMENT RESULTED IN THE AMOUNT OF $297.

THIS DUPLICATE PAYMENT WAS BROUGHT TO OUR ATTENTION BY THE CIVIL SERVICE COMMISSION AFTER THE FORMER EMPLOYEE REQUESTED AN ADJUSTMENT OF THE RATE OF HIS ANNUITY, UNDER THE CIVIL SERVICE RETIREMENT ACT, BY REASON OF THE INCREASE OF COMPENSATION RESULTING FROM THE JUDGMENT OF JULY 13, 1954. PURSUANT TO YOUR DEPARTMENT'S INFORMAL SUGGESTION, THE MATTER WAS BROUGHT TO THE ATTENTION OF MR. MEISELMAN WITH THE REQUEST THAT HE RENDER ANY ASSISTANCE POSSIBLE TO RECOUP THE AMOUNT OF THE DUPLICATE PAYMENT FROM HIS CLIENT. HOWEVER, BY LETTER DATED OCTOBER 18, 1956, MR. MEISELMAN ADVISED OUR OFFICE TO THE EFFECT THAT, SINCE THE CHECKS IN PAYMENT OF THE SUMS INVOLVED WERE FORWARDED TO MR. BRAKKE, THE MATTER WOULD APPEAR TO BE ONE MORE PROPERLY FOR SETTLEMENT DIRECTLY" WITH MR. BRAKKE. A COPY OF MR. MEISELMAN'S LETTER IS ENCLOSED.

ACCORDINGLY, YOUR ATTENTION IS INVITED TO THE MATTER FOR SUCH ACTION AS MAY BE DEEMED APPROPRIATE.