B-156170, MAR. 17, 1965

B-156170: Mar 17, 1965

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KRAFFT: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11. BY THE TERMS OF THE ACT THE SECRETARY OF THE TREASURY WAS AUTHORIZED AND DIRECTED TO PAY TO HERMAN F. KRAFFT UNDER THE PROVISIONS OF PRIVATE LAW NO. 571 WAS DISALLOWED FOR THE REASON THAT THE PAYMENTS PROVIDED FOR UNDER THE AFOREMENTIONED ACT CONSTITUTE A GRATUITY AND. THE RIGHT TO RECEIVE A GRATUITY IS PERSONAL TO THOSE NAMED IN THE ACT AND LAPSES WITH THE DEATH OF THOSE NAMED THEREIN. THE PRIVATE LAW HERE INVOLVED IS SPECIFIC AND PERSONAL AND PROVIDES FOR PAYMENT ONLY TO MR. THAT THE RIGHT TO RECEIVE A GRATUITY UNDER EITHER A GENERAL STATUTE OR A PRIVATE ACT IS PERSONAL TO THE PERSON OR PERSONS INCLUDED WITHIN THE SCOPE OF THE STATUTE AND LAPSES AT THE DEATH OF SUCH PERSON OR PERSONS.

B-156170, MAR. 17, 1965

TO MRS. MARY B. KRAFFT:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1965, IN EFFECT REQUESTING RECONSIDERATION OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 5, 1965, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE MR. HERMAN F. KRAFFT, NOW DECEASED, FOR THE PERIOD JANUARY 1 TO 19, 1965, UNDER THE PROVISIONS OF PRIVATE LAW NO. 571, APPROVED JUNE 15, 1938, 52 STAT. 1334.

BY THE TERMS OF THE ACT THE SECRETARY OF THE TREASURY WAS AUTHORIZED AND DIRECTED TO PAY TO HERMAN F. KRAFFT THE SUM OF $100 PER MONTH FOR THE REMAINDER OF HIS LIFE. YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE MR. KRAFFT UNDER THE PROVISIONS OF PRIVATE LAW NO. 571 WAS DISALLOWED FOR THE REASON THAT THE PAYMENTS PROVIDED FOR UNDER THE AFOREMENTIONED ACT CONSTITUTE A GRATUITY AND, THE RIGHT TO RECEIVE A GRATUITY IS PERSONAL TO THOSE NAMED IN THE ACT AND LAPSES WITH THE DEATH OF THOSE NAMED THEREIN.

THE PRIVATE LAW HERE INVOLVED IS SPECIFIC AND PERSONAL AND PROVIDES FOR PAYMENT ONLY TO MR. KRAFFT WITH NO PROVISION FOR PAYMENT TO HIS HEIRS OR PERSONAL REPRESENTATIVES. IT HAS BEEN THE UNIFORM HOLDING OF THIS OFFICE, AS WELL AS OF THE FORMER ACCOUNTING OFFICERS OF THE GOVERNMENT, THAT THE RIGHT TO RECEIVE A GRATUITY UNDER EITHER A GENERAL STATUTE OR A PRIVATE ACT IS PERSONAL TO THE PERSON OR PERSONS INCLUDED WITHIN THE SCOPE OF THE STATUTE AND LAPSES AT THE DEATH OF SUCH PERSON OR PERSONS, AND, THEREFORE, DOES NOT BECOME A PART OF HIS OR THEIR ESTATES SO AS TO FORM THE BASIS OF A VALID CLAIM BY THEIR HEIRS OR PERSONAL REPRESENTATIVES. SEE HEIRS OF EMERSON V. HALL, 13 PET. 409, 413; 24 COMP. GEN. 61.

ACCORDINGLY, THE GRATUITY PROVIDED FOR HERMAN F. KRAFFT BY PRIVATE LAW NO. 571 HAVING LAPSED WITH HIS DEATH, THERE IS NO AUTHORITY FOR PAYMENT OF THE AMOUNT CLAIMED TO HIS ESTATE AND THE SETTLEMENT DISALLOWING YOUR CLAIM IS SUSTAINED.