B-155832, FEB. 3, 1965

B-155832: Feb 3, 1965

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YOU SAY THAT DURING RECENT PRIOR YEARS FEW RECOVERY CASES HAVE BEEN DISCLOSED AS A CONSEQUENCE OF MAINTAINING THE PRESENT OPERATIONS. YOU EXPRESS THE VIEW THAT THE ENACTMENT OF THE NEW DUAL COMPENSATION LAW (PUB.L. 88-448) FURTHER WILL REDUCE THE SUSPECT AREA. ANY LONGER IS JUSTIFIED. THE PRIMARY RESPONSIBILITY FOR THE DISCOVERY AND PROCESSING OF DUAL COMPENSATION CASES IS PLACED UPON THE EMPLOYING AGENCIES BY OUR REGULATIONS IN 4 GAO 5000 AND 4 GAO 6000.

B-155832, FEB. 3, 1965

TO THE HONORABLE JOHN W. MACY, JR., CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

WE REFER TO YOUR LETTER OF DECEMBER 22, 1964, ACKNOWLEDGED JANUARY 6, 1965, IN WHICH YOU RECOMMEND THE DISCONTINUANCE OF CERTAIN PROCEDURES NOW FOLLOWED BY THE CLAIMS DIVISION AND THE OFFICE OF TECHNICAL ADVISORS, BUREAU OF RETIREMENT AND INSURANCE, CIVIL SERVICE COMMISSION, IN REGARD TO POSSIBLE VIOLATIONS OF THE DUAL COMPENSATION STATUTES.

YOU ADVISE THAT DURING THE FISCAL YEAR 1964, CONSIDERATION AND DEVELOPMENT UNDER EXISTING PROCEDURES OF 292 POTENTIAL DUAL COMPENSATION VIOLATIONS RESULTED IN FINDING NOT ONE INSTANCE OF LEGAL LIABILITY ON THE PART OF EMPLOYEES OR FORMER EMPLOYEES. ALSO, YOU SAY THAT DURING RECENT PRIOR YEARS FEW RECOVERY CASES HAVE BEEN DISCLOSED AS A CONSEQUENCE OF MAINTAINING THE PRESENT OPERATIONS. YOU EXPRESS THE VIEW THAT THE ENACTMENT OF THE NEW DUAL COMPENSATION LAW (PUB.L. 88-448) FURTHER WILL REDUCE THE SUSPECT AREA, AND YOU QUESTION WHETHER THE SUBSTANTIAL TIME AND EFFORT EXPENDED WITHIN THE COMMISSION IN CARRYING OUT THE PROCEDURES, REFERRED TO ABOVE, ANY LONGER IS JUSTIFIED.

AS INDICATED IN YOUR LETTER, THE PRIMARY RESPONSIBILITY FOR THE DISCOVERY AND PROCESSING OF DUAL COMPENSATION CASES IS PLACED UPON THE EMPLOYING AGENCIES BY OUR REGULATIONS IN 4 GAO 5000 AND 4 GAO 6000. FURTHER, IT APPEARS THAT THE ENACTMENT OF PUB.L. 684, APPROVED AUGUST 28, 1964, LIMITING RECOVERY OF ILLEGAL PAYMENTS TO THOSE CASES REPORTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS, HAS RESULTED IN A SUBSTANTIAL REDUCTION IN THE NUMBER OF COLLECTIBLE CASES.

CONSIDERATION OF THOSE FACTORS IN CONJUNCTION WITH THE REPORTED NEGATIVE RESULTS UNDER EXISTING PROCEDURES IN THE COMMISSION REGARDING DUAL COMPENSATION CASES, LEADS US TO CONCUR IN YOUR RECOMMENDATION THAT SUCH PROCEDURES BE DISCONTINUED.

WE NOTE THE RESERVATION IN THE LAST PARAGRAPH OF YOUR LETTER CONCERNING CLAIMS PRESENTED TO THE COMMISSION BY ANY AGENCY INCLUDING THE GENERAL ACCOUNTING OFFICE FOR CONSIDERATION OR COLLECTION BY SETOFF.