B-163442, FEB. 8, 1968

B-163442: Feb 8, 1968

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THE ALLOWANCE FOR SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS UNDER 5 U.S.C. 5724 (A) (3) IN THE CASE OF DEATH OF THE EMPLOYEE MAY BE PAID THROUGH THE DAY ON WHICH THE EMPLOYEE DIES AS MONEYS DUE THE EMPLOYEE BUT THE BENEFIT IS ALLOWABLE ONLY TO AN EMPLOYEE AND DOES NOT RUN TO MEMBERS OF HIS FAMILY EXCEPT AS THEY SUCCEED TO RIGHTS THROUGH STATUTES SUCH AS 5 U.S.C. 5581. 16 ID. 384) MONEYS DUE A DECEASED EMPLOYEE ARE ALLOWABLE THROUGH THE DATE OF DEATH OF AN EMPLOYEE IF THE EMPLOYEE WAS IN A PAY STATUS ON THE DATE IMMEDIATELY PRECEDING. THUS IF THE DECEASED EMPLOYEE OTHERWISE WAS ELIGIBLE THE ALLOWANCE HEREIN CLAIMED MAY BE REGARDED AS EXTENDING THROUGH JULY 9. THE BENEFIT AUTHORIZED BY 5 U.S.C. 5724A (A) (3) IS ALLOWABLE ONLY TO AN EMPLOYEE AND DOES NOT RUN DIRECTLY TO MEMBERS OF HIS IMMEDIATE FAMILY EXCEPT AS THEY MAY SUCCEED TO HIS RIGHTS THROUGH SUCH STATUTES AS 5 U.S.C. 5581 AND 5582.

B-163442, FEB. 8, 1968

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TEMPORARY QUARTERS - DECEASED EMPLOYEE DECISION TO CERTIFYING OFFICER OF FEDERAL AVIATION ADMINISTRATION, DOT, CONCERNING PROPRIETY OF PAYMENT OF SUBSISTENCE EXPENSES FOR TEMPORARY LODGINGS OF FAMILY OF DECEASED EMPLOYEE INCIDENT TO TRANSFER. THE ALLOWANCE FOR SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS UNDER 5 U.S.C. 5724 (A) (3) IN THE CASE OF DEATH OF THE EMPLOYEE MAY BE PAID THROUGH THE DAY ON WHICH THE EMPLOYEE DIES AS MONEYS DUE THE EMPLOYEE BUT THE BENEFIT IS ALLOWABLE ONLY TO AN EMPLOYEE AND DOES NOT RUN TO MEMBERS OF HIS FAMILY EXCEPT AS THEY SUCCEED TO RIGHTS THROUGH STATUTES SUCH AS 5 U.S.C. 5581, 5582. THEREFORE FOR ANY PERIOD SUBSEQUENT TO THE EMPLOYEE'S DEATH THE TEMPORARY QUARTERS ALLOWANCE MAY NOT BE PAID.

TO MR. ROBERT J. SCHULLERY:

YOUR LETTER OF JANUARY 29, 1968, REFERENCE MS-430, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER COVERING SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS AUTHORIZED BY 5 U.S.C. 5724A INCURRED BY THE SURVIVING MEMBERS OF THE IMMEDIATE FAMILY OF GARRISON M. BUSH, DECEASED FORMER EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION, INCIDENT TO A TRANSFER OF THE DECEDENT'S OFFICIAL STATION, FOR THE PERIOD JULY 9 THROUGH JULY 22, 1967.

YOUR LETTER ADVISES THAT MR. BUSH DIED ON JULY 9, 1967. UNDER OUR DECISION 25 COMP. GEN. 366 (SEE ALSO 9 ID. 111; 16 ID. 384) MONEYS DUE A DECEASED EMPLOYEE ARE ALLOWABLE THROUGH THE DATE OF DEATH OF AN EMPLOYEE IF THE EMPLOYEE WAS IN A PAY STATUS ON THE DATE IMMEDIATELY PRECEDING. THE ALLOWANCE AUTHORIZED BY 5 U.S.C. 5724A (A) (3) MAY BE REGARDED AS MONEYS DUE WITHIN THE PURVIEW OF 5 U.S.C. 5581 AND 5582. THUS IF THE DECEASED EMPLOYEE OTHERWISE WAS ELIGIBLE THE ALLOWANCE HEREIN CLAIMED MAY BE REGARDED AS EXTENDING THROUGH JULY 9, 1967.

HOWEVER, THE BENEFIT AUTHORIZED BY 5 U.S.C. 5724A (A) (3) IS ALLOWABLE ONLY TO AN EMPLOYEE AND DOES NOT RUN DIRECTLY TO MEMBERS OF HIS IMMEDIATE FAMILY EXCEPT AS THEY MAY SUCCEED TO HIS RIGHTS THROUGH SUCH STATUTES AS 5 U.S.C. 5581 AND 5582, CITED ABOVE.

THEREFORE NO ALLOWANCE WOULD BE AUTHORIZED FOR ANY PERIOD SUBSEQUENT TO JULY 9, 1967. 9 COMP. GEN. 111, CITED ABOVE. THE PERSON OR PERSONS ENTITLED TO PAYMENT OF ANY AMOUNT ADMINISTRATIVELY FOUND DUE FOR JULY 9, 1967, WOULD BE FOR DETERMINATION UNDER 5 U.S.C. 5582.