B-133837, OCT. 30, 1957

B-133837: Oct 30, 1957

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WHICH DISALLOWED YOUR CLAIM FOR THE ANNUAL OR VACATION LEAVE (VALUED AT $6.76) WHICH WAS ACCRUED BUT NOT USED BY YOUR HUSBAND. YOUR VIEW IS THAT CONGRESS INTENDED THAT THE ACT OF DECEMBER 21. HAVE RETROACTIVE EFFECT SO AS TO COVER EMPLOYEES THERETOFORE SEPARATED FROM SERVICE BY DEATH. THE ESTABLISHED RULE IS THAT A STATUTE IS EFFECTIVE ONLY FROM AND AFTER THE DATE OF ITS ENACTMENT UNLESS IT IS CLEAR FROM THE LANGUAGE OF THE STATUTE THAT A DIFFERENT EFFECTIVE DATE WAS INTENDED. ADVISED YOU THAT PUBLIC LAW 525 WAS NOT RETROACTIVELY EFFECTIVE. THE SETTLEMENT MUST BE AND IS SUSTAINED.

B-133837, OCT. 30, 1957

TO MRS. FELISS CRUZ VDA DE FERNANDO:

YOUR LETTER OF JULY 20, 1957--- FORWARDED TO US BY THE DEPARTMENT OF THE ARMY--- REQUESTS RECONSIDERATION OF THAT PART OF OUR SETTLEMENT ACTION OF JUNE 28, 1955, WHICH DISALLOWED YOUR CLAIM FOR THE ANNUAL OR VACATION LEAVE (VALUED AT $6.76) WHICH WAS ACCRUED BUT NOT USED BY YOUR HUSBAND, ANDRES B. FERNANDO, PRIOR TO HIS DEATH ON APRIL 26, 1942, AS AN EMPLOYEE OF THE U.S. ARMY IN BATAAN PENINSULA OF THE PHILIPPINES.

YOUR VIEW IS THAT CONGRESS INTENDED THAT THE ACT OF DECEMBER 21, 1944, PUBLIC LAW 525, 58 STAT. 845, HAVE RETROACTIVE EFFECT SO AS TO COVER EMPLOYEES THERETOFORE SEPARATED FROM SERVICE BY DEATH. HOWEVER, WE FIND NO PROVISION IN THAT ACT--- OR IN THE STATUTES SUBSEQUENTLY ENACTED FOR SIMILAR PURPOSES--- WHICH REASONABLY COULD BE REGARDED BY US AS BEING APPLICABLE IN YOUR HUSBAND'S CASE. IN OTHER WORDS, SECTION 2 OF PUBLIC LAW 525 CAN BE APPLIED BY THIS OFFICE ONLY TO EMPLOYEES WHO DIED ON OR AFTER DECEMBER 21, 1944. THE ESTABLISHED RULE IS THAT A STATUTE IS EFFECTIVE ONLY FROM AND AFTER THE DATE OF ITS ENACTMENT UNLESS IT IS CLEAR FROM THE LANGUAGE OF THE STATUTE THAT A DIFFERENT EFFECTIVE DATE WAS INTENDED.

THEREFORE, SINCE THE SETTLEMENT OF JUNE 28, 1955, ADVISED YOU THAT PUBLIC LAW 525 WAS NOT RETROACTIVELY EFFECTIVE, THE SETTLEMENT MUST BE AND IS SUSTAINED.