B-135161, APR. 1, 1958

B-135161: Apr 1, 1958

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PRIOR CORRESPONDENCE IN WHICH YOU WERE HELD TO BE INDEBTED TO THE UNITED STATES AS SOLE DISTRIBUTEE OF THE ESTATE OF YOUR DECEASED FATHER. THIS BRIEF BREAK IN SERVICE YOU CONTEND RENDERS SECTION 2/D) OF THE RAILROAD RETIREMENT ACT INAPPLICABLE IN YOUR FATHER'S CASE AND HENCE THERE WAS NO OVERPAYMENT OF ANNUITY TO HIM. AS YOU WERE ADVISED BY OUR LETTER OF NOVEMBER 22. ATTENTION IS INVITED TO 45 U.S.C. 288J (B) 1. WE ARE CLEARLY PRECLUDED BY THIS SECTION FROM QUESTIONING THE BOARD'S DETERMINATION IN THIS CASE. HE HAVE NO ALTERNATIVE BUT TO PROCEED WITH THE COLLECTION ACTION. WE HAVE NO ALTERNATIVE BUT TO REFER THE CASE TO THE DEPARTMENT OF JUSTICE FOR INSTITUTION OF LEGAL PROCEEDINGS.

B-135161, APR. 1, 1958

TO MR. W. WILSON MOUL:

YOUR LETTER OF DECEMBER 18, 1957, REQUESTS RECONSIDERATION OF OUR LETTER OF NOVEMBER 22, 1957, REFERENCE DW-Z-1554532-ECF-14, AND PRIOR CORRESPONDENCE IN WHICH YOU WERE HELD TO BE INDEBTED TO THE UNITED STATES AS SOLE DISTRIBUTEE OF THE ESTATE OF YOUR DECEASED FATHER, ERNEST E. MOUL, IN THE SUM OF $6,580.81, REPRESENTING AN ERRONEOUS PAYMENT OF RAILROAD RETIRMENT ANNUITY TO YOUR FATHER.

YOU REITERATE YOUR PRIOR ALLEGATION THAT YOUR FATHER HAD RESIGNED HIS EMPLOYMENT WITH THE GOODWILL BENEFICIAL ASSOCIATION SHORTLY PRIOR TO THE DATE HIS ANNUITY BEGAN TO ACCRUE AND RESUMED SUCH EMPLOYMENT SHORTLY THEREAFTER. THIS BRIEF BREAK IN SERVICE YOU CONTEND RENDERS SECTION 2/D) OF THE RAILROAD RETIREMENT ACT INAPPLICABLE IN YOUR FATHER'S CASE AND HENCE THERE WAS NO OVERPAYMENT OF ANNUITY TO HIM.

AS YOU WERE ADVISED BY OUR LETTER OF NOVEMBER 22, YOUR CONTENTION HAS PREVIOUSLY BEEN CONSIDERED BY THE RAILROAD RETIREMENT BOARD AND REJECTED AS HAVING NO BEARING IN THIS TYPE OF CASE. IN THIS CONNECTION, ATTENTION IS INVITED TO 45 U.S.C. 288J (B) 1, WHICH PROVIDES IN PERTINENT PART, AS FOLLOWS:

"* * * DECISIONS BY THE BOARD UPON ISSUES OF LAW AND FACT RELATING TO PENSIONS, ANNUITIES OR DEATH BENEFITS SHALL NOT BE SUBJECT TO REVIEW BY ANY OTHER ADMINISTRATIVE OR ACCOUNTING OFFICER, AGENT, OR EMPLOYEE OF THE UNITED STATES.'

WE ARE CLEARLY PRECLUDED BY THIS SECTION FROM QUESTIONING THE BOARD'S DETERMINATION IN THIS CASE. HENCE, HE HAVE NO ALTERNATIVE BUT TO PROCEED WITH THE COLLECTION ACTION.

ACCORDINGLY, YOU SHOULD IMMEDIATELY MAKE FULL PAYMENT OF THE BALANCE DUE ON THE OVERPAYMENT OR SUBMIT A DEFINITE PLAN FOR SETTLEMENT THEREOF IN INSTALLMENTS ACCOMPANIED BY AN INITIAL PAYMENT. OTHERWISE, WE HAVE NO ALTERNATIVE BUT TO REFER THE CASE TO THE DEPARTMENT OF JUSTICE FOR INSTITUTION OF LEGAL PROCEEDINGS.