B-148953, JUL. 13, 1962

B-148953: Jul 13, 1962

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YOU SAY THAT THIS AMOUNT WAS IMPROPERLY DEDUCTED FROM COMPENSATION PAID FOR MILITARY LEAVE. ADDITION YOU SAY THAT AN OVERCONTRIBUTION OF $4.68 WAS MADE BY THE GOVERNMENT. YOU ALSO ASK WHETHER IT IS NECESSARY TO HAVE A REQUEST FOR REFUND FROM MR. WHETHER YOU MAY NOTIFY HIM OF THE OVERDEDUCTION. 18 U.S.C. 283 IS A CRIMINAL STATUTE PROPERLY FOR INTERPRETATION BY THE DEPARTMENT OF JUSTICE. ASSUMING THAT YOUR DETERMINATION IS IN CONSONANCE WITH THE APPLICABLE REGULATIONS OF THE CIVIL SERVICE COMMISSION WE SEE NOTHING LEGALLY OBJECTIONABLE TO ADMINISTRATIVELY MAKING A REFUND OF OVERDEDUCTIONS FOR HEALTH INSURANCE PREMIUMS WITHOUT HAVING OR OBTAINING A CLAIM FROM THE FORMER EMPLOYEE PROVIDED HIS CURRENT ADDRESS IS AVAILABLE TO YOUR OFFICE.

B-148953, JUL. 13, 1962

TO MR. BAXTER REED, AUTHORIZED CERTIFYING OFFICER, U.S. DEPARTMENT OF AGRICULTURE:

ON MAY 14, 1962, REFERENCE 6540, YOU REQUESTED OUR DECISION WHETHER A VOUCHER FOR $4.68 REPRESENTING AN OVERDEDUCTION FROM JOHN D. R. BOWEN FOR HIS CONTRIBUTION FOR COVERAGE UNDER A HEALTH BENEFITS PLAN AUTHORIZED BY THE FEDERAL EMPLOYEES HEALTH BENEFITS ACT OF 1959, 73 STAT. 708, 5 U.S.C. 3001-3014, MAY BE CERTIFIED FOR PAYMENT. YOU SAY THAT THIS AMOUNT WAS IMPROPERLY DEDUCTED FROM COMPENSATION PAID FOR MILITARY LEAVE. ADDITION YOU SAY THAT AN OVERCONTRIBUTION OF $4.68 WAS MADE BY THE GOVERNMENT.

YOU ASK WHETHER THIS REFUND WOULD BE LEGAL UNDER 18 U.S.C. 283 SINCE MR. BOWEN RESIGNED WHEN HE RETURNED FROM MILITARY FURLOUGH. YOU ALSO ASK WHETHER IT IS NECESSARY TO HAVE A REQUEST FOR REFUND FROM MR. BOWEN AND, IF SO, WHETHER YOU MAY NOTIFY HIM OF THE OVERDEDUCTION.

18 U.S.C. 283 IS A CRIMINAL STATUTE PROPERLY FOR INTERPRETATION BY THE DEPARTMENT OF JUSTICE. HOWEVER, ASSUMING THAT YOUR DETERMINATION IS IN CONSONANCE WITH THE APPLICABLE REGULATIONS OF THE CIVIL SERVICE COMMISSION WE SEE NOTHING LEGALLY OBJECTIONABLE TO ADMINISTRATIVELY MAKING A REFUND OF OVERDEDUCTIONS FOR HEALTH INSURANCE PREMIUMS WITHOUT HAVING OR OBTAINING A CLAIM FROM THE FORMER EMPLOYEE PROVIDED HIS CURRENT ADDRESS IS AVAILABLE TO YOUR OFFICE. SEE 31 COMP. GEN. 166, 173. SIMILARLY, THE EXCESS GOVERNMENT CONTRIBUTION SHOULD BE READJUSTED TO THE APPROPRIATION.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF THE FACTS ARE IN ACCORD WITH THE FOREGOING.