B-145802, SEP. 25, 1961

B-145802: Sep 25, 1961

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YOUR PREVIOUS CLAIMS IN THIS MATTER WERE ALLOWED IN THE TOTAL AMOUNT OF $238.12 TO COVER EXPENSES AS FOLLOWS: TABLE OUTER TRANSFER CASE $ 27.50 TRANSPORTATION CHARGES 60.62 PREPARATION OF REMAINS 150.00 $238.12 ALSO. YOU WERE INFORMED THAT YOUR CLAIM WOULD BE FURTHER CONSIDERED IF YOU COULD PRODUCE AN ITEMIZED RECEIPT FROM THE UNDERTAKER SHOWING THAT THE $290 INCLUDES EXPENSES OUTLINED IN SECTION 4 OF EXECUTIVE ORDER NO. 8557. - 85 THIS SERVICE CHARGE IN THE AMOUNT OF $85 IS FOR ACTUAL ATTENDANCE OF LICENSED PERSONNEL AND THE PROCURING OF OBLIGATORY PERMITS BY A LICENSED DIRECTOR CASKET (TRANSFER PURPOSES) 85 MISCELLANEOUS EXPENDITURES. WHICH WAS ISSUED PURSUANT TO THE ACT OF JULY 8. IT IS PROVIDED THAT THE TOTAL AMOUNT ALLOWED FOR SUCH COSTS SHALL NOT EXCEED $150.

B-145802, SEP. 25, 1961

TO MRS. EMILY OLSZOWKA:

ON AUGUST 15, 1961, YOU FORWARDED AN ITEMIZED STATEMENT DATED AUGUST 8, 1961, OF THE SISSON FUNERAL DIRECTOR, 839 SOUTH WABASH AVENUE, CHICAGO 5, ILLINOIS, FOR $290, IN SUPPORT OF YOUR SUPPLEMENTAL CLAIM FOR ADDITIONAL REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO THE TRANSPORTATION AND PREPARATION OF THE REMAINS OF FELIX F. OLSZOWKA, FORMER EMPLOYEE OF THE POST OFFICE DEPARTMENT, BUFFALO, NEW YORK, PURSUANT TO THE ACT OF JULY 8, 1940, AS AMENDED, 5 U.S.C. 103A.

BY OUR OFFICE SETTLEMENTS DATED FEBRUARY 27, 1961, AND JULY 25, 1961, YOUR PREVIOUS CLAIMS IN THIS MATTER WERE ALLOWED IN THE TOTAL AMOUNT OF $238.12 TO COVER EXPENSES AS FOLLOWS:

TABLE

OUTER TRANSFER CASE $ 27.50

TRANSPORTATION CHARGES 60.62

PREPARATION OF REMAINS 150.00

$238.12

ALSO, YOU WERE INFORMED THAT YOUR CLAIM WOULD BE FURTHER CONSIDERED IF YOU COULD PRODUCE AN ITEMIZED RECEIPT FROM THE UNDERTAKER SHOWING THAT THE $290 INCLUDES EXPENSES OUTLINED IN SECTION 4 OF EXECUTIVE ORDER NO. 8557.

THE CURRENT STATEMENT OF THE UNDERTAKER LISTS THE FOLLOWING ITEMS OF EXPENSE:

TABLE

EMBALMING AND PREPARATION $110

PROFESSIONAL ATTENDANCE--- 85

THIS SERVICE CHARGE IN THE AMOUNT

OF $85 IS FOR ACTUAL ATTENDANCE

OF LICENSED PERSONNEL AND THE

PROCURING OF OBLIGATORY PERMITS

BY A LICENSED DIRECTOR

CASKET (TRANSFER PURPOSES) 85

MISCELLANEOUS EXPENDITURES--- 10

(LOCAL AND LONG DISTANCE TELEPHONE

WESTERN UNION AS REQUIRED) AND A

RESERVATION FOR MUNICIPAL AND

STATE TAX FOR THE CASKET AND

OUTER TRANSFER CASE

SECTION 3 OF EXECUTIVE ORDER NO. 8557 DATED SEPTEMBER 30, 1940, WHICH WAS ISSUED PURSUANT TO THE ACT OF JULY 8, 1940, PROVIDES THAT ALLOWABLE COSTS UNDER THE HEADING OF "PREPARATION OF REMAINS" SHALL INCLUDE COSTS OF EMBALMING, CREMATION, NECESSARY CLOTHING, AND CASKET. AS AMENDED BY EXECUTIVE ORDER NO. 10209 DATED FEBRUARY 1, 1951, IT IS PROVIDED THAT THE TOTAL AMOUNT ALLOWED FOR SUCH COSTS SHALL NOT EXCEED $150. SECTION 4 OF EXECUTIVE ORDER NO. 8557 UNDER THE HEADING ,TRANSPORTATION OF REMAINS" PROVIDES THAT IT SHALL INCLUDE THE FOLLOWING COSTS:

1. REMOVAL OF THE REMAINS FROM THE PLACE WHERE DEATH OCCURRED TO AN UNDERTAKING ESTABLISHMENT.

2. PROCUREMENT OF BURIAL AND SHIPPING PERMITS.

3. FURNISHING AN OUTSIDE CASE FOR SHIPMENT (INCLUDING, WHEN NECESSARY, THE SEALING OF SUCH SHIPPING CASE).

4. REMOVAL TO A COMMON CARRIER.

5. TRANSPORTING THE BODY BY COMMON CARRIER.

6. ONE REMOVAL AT THE PLACE OF INTERMENT FROM THE COMMON CARRIER TO AN UNDERTAKING ESTABLISHMENT OR OTHER PLACE OF IMMEDIATE DELIVERY.

AN ANALYSIS OF THE CURRENT STATEMENT REQUIRES THE CONCLUSION THAT THE FOLLOWING ITEMS ARE COSTS AUTHORIZED BY SECTION 3 OF EXECUTIVE ORDER NO. 8557 AND THEY WERE INCLUDED WITHIN THE $150 ALLOWANCE FOR "PREPARATION OF REMAINS" WHICH APPEARS AS AN APPROVED ITEM OF COST ON OUR OFFICE SETTLEMENT DATED JULY 25, 1961:

TABLE

1. EMBALMING AND PREPARATION $110

2. CASKET (TRANSFER PURPOSES) 85

OUR OFFICE IS GOVERNED BY THE $150 LIMITATION IN THE EXECUTIVE ORDER FOR "PREPARATION OF REMAINS.' THAT LIMITATION, HOWEVER, DOES NOT PROHIBIT THE UNDERTAKER FROM ASSESSING THE INDIVIDUAL CONCERNED AT A HIGHER RATE.

THE CHARGE OF $85 FOR "PROFESSIONAL ATTENDANCE" IS SUPPORTED BY THE EXPLANATION THAT IT IS FOR THE ACTUAL ATTENDANCE OF LICENSED PERSONNEL AND THE PROCURING OF OBLIGATORY PERMITS BY A LICENSED DIRECTOR. SECTION 4 INCLUDES "PROCUREMENT OF BURIAL AND SHIPPING PERMITS" AS AN ITEM OF ALLOWABLE COST. THERE IS, HOWEVER, NO PROVISION FOR REIMBURSEMENT OF COSTS FOR "ACTUAL ATTENDANCE OF LICENSED PERSONNEL.' IF YOU WILL FORWARD INFORMATION FROM THE UNDERTAKER SPECIFYING WHAT PORTION OF THE $85 COVERS THE FEES PAID FOR THE BURIAL AND SHIPPING PERMITS, FURTHER CONSIDERATION WILL BE GIVEN YOUR CLAIM FOR THIS ITEM.