B-165151, SEPT. 18, 1968

B-165151, SEPT. 18, 1968

TO MR. RUDOLPH KOSCHATZKY:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 11, 1968, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED APRIL 16, 1968, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF DM672 TO THE LANDESVERSICHERUNGSANSTALT, DUSSELDORF, WEST GERMANY, OF EMPLOYER'S CONTRIBUTION TO SOCIAL INSURANCE FOR THE PERIOD OF MILITARY SERVICE OF YOUR SON, REINHART KOSCHATZKY, IN THE UNITED STATES ARMY FROM MAY 1965 TO MAY 1967.

YOUR CLAIM WAS FORWARDED TO THIS OFFICE BY THE DEPARTMENT OF THE ARMY ON FEBRUARY 29, 1968, FOR OUR ACTION FOR THE REASON THAT THERE ARE NO PROVISIONS FOR THAT DEPARTMENT TO MAKE PAYMENT OF CLAIMS SUCH AS YOURS. WHILE, UNDER THE PROVISIONS OF 31 U.S.C. 71, THIS OFFICE HAS BEEN AUTHORIZED TO SETTLE ALL CLAIMS AND DEMANDS WHATEVER AGAINST THE GOVERNMENT OF THE UNITED STATES, ARTICLE I, SECTION 9, OF THE CONSTITUTION OF THE UNITED STATES SPECIFICALLY PROVIDES THAT NO MONEY SHALL BE DRAWN FROM THE TREASURY EXCEPT PURSUANT TO "APPROPRIATIONS MADE BY LAW.'

THE CONGRESS OF THE UNITED STATES HAS AUTHORIZED PAYMENT OF AN EMPLOYER'S TAX IMPOSED UNDER SOCIAL SECURITY LAWS ENACTED BY THE CONGRESS, WITH RESPECT TO SERVICE PERFORMED BY AN INDIVIDUAL AS A MEMBER OF A UNIFORMED SERVICE, FROM APPROPRIATIONS AVAILABLE FOR THE PAY OF MEMBERS OF SUCH UNIFORMED SERVICE. PRESUMABLY, SUCH EMPLOYER'S TAX WAS PAID ON BEHALF OF YOUR SON DURING HIS PERIOD OF MILITARY SERVICE. HOWEVER, NO PROVISION HAS BEEN MADE FOR THE PAYMENT OF INSURANCE PREMIUMS OR EMPLOYER CONTRIBUTIONS TOWARD A RETIREMENT PLAN ESTABLISHED BY A FOREIGN GOVERNMENT. IN THE ABSENCE OF AN APPROPRIATION OF FUNDS COVERING PAYMENT OF SOCIAL INSURANCE CONTRIBUTIONS UNDER A SYSTEM OF SOCIAL SECURITY INSTITUTED BY A FOREIGN GOVERNMENT SUCH AS THAT TO WHICH YOU REFER, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.