B-64315, MAY 21, 1947, 26 COMP. GEN. 890

B-64315, MAY 21, 1947, 26 COMP. GEN. 890

RENTAL AND SUBSISTENCE ALLOWANCES - DEPENDENTS - IN LOCO PARENTIS STATUS COMPLETION AFTER MAJORITY UNDER SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, INCLUDING PERSONS WHO HAD STOOD IN LOCO PARENTIS FOR A "CONTINUOUS PERIOD OF NOT LESS THAN 5 YEARS" IN THE CLASSES OF PERSONS ON WHOSE ACCOUNT INCREASED RENTAL AND SUBSISTENCE ALLOWANCES MAY BE PAID, SUCH STATUS MAY NOT BE REGARDED AS HAVING BEEN ESTABLISHED IN A CASE WHERE THE REQUIRED CONTINUOUS PERIOD DURING WHICH AN OFFICER'S DEPENDENT SISTER STOOD IN LOCO PARENTIS TO HIM WAS NOT COMPLETED UNTIL AFTER THE OFFICER HAD ATTAINED HIS MAJORITY.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. J. G. O-ROURKE, U.S. ARMY, MAY 21, 1947:

BY SECOND INDORSEMENT OF MARCH 4, 1947, THERE WAS FORWARDED TO THIS OFFICE BY THE CHIEF OF FINANCE YOUR LETTER OF JANUARY 28, 1947, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF CAPT. JOSEPH 1. CASEY, CHC, O 557048, COVERING ALLOWANCES AS FOR AN OFFICER WITH DEPENDENTS (SISTER IN LOCO PARENTIS) FOR THE PERIOD FROM JANUARY 1 TO 31, 1947.

SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361, DEFINES THE TERM "DEPENDENT" AS FOLLOWS:

THE TERM "DEPENDENT" AS USED IN THE SUCCEEDING SECTIONS OF THIS ACT SHALL * * * ALSO INCLUDE THE FATHER OR MOTHER OF THE PERSON CONCERNED PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HERCHIEF SUPPORT

BY THE ACT OF NOVEMBER 24, 1945, 59 STAT. 587, EFFECTIVE DECEMBER 1, 1945, IT WAS PROVIDED, IN PART, AS FOLLOWS:

THAT SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942 (56 STAT. 361), AS AMENDED, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:

"AS USED IN THIS SECTION, THE TERMS "FATHER," "MOTHER," "PARENT," AND "PARENTS" SHALL INCLUDE A STEPPARENT, A PARENT BY ADOPTION, AND ANY PERSON, INCLUDING A FORMER STEPPARENT, WHO HAS STOOD IN LOCO PARENTIS TO THE PERSON CONCERNED AT ANY TIME FOR A CONTINUOUS PERIOD OF NOT LESS THAN FIVE YEARS * * *.' ( ITALICS SUPPLIED.)

IT APPEARS FROM THE OFFICER'S AFFIDAVIT EXECUTED JANUARY 23, 1947, SUBMITTED WITH YOUR LETTER, THAT HE WAS BORN ON JULY 10, 1916, AND THAT THE ALLEGED "IN LOCO PARENTIS" RELATION COMMENCED "IN MARCH 1934," WHEN THE OFFICER WAS APPROXIMATELY 17 YEARS AND 8 MONTHS OF AGE, THAT IS TO SAY, WHEN HIS AGE WAS SUCH THAT BUT ABOUT 3 YEARS AND 4 MONTHS OF THE "CONTINUOUS PERIOD OF NOT LESS THAN 5 YEARS" REQUIRED BY THE ACT OF NOVEMBER 24, 1945, SUPRA, COULD ELAPSE BEFORE HE BECAME AN ADULT. OTHER WORDS, ABOUT 1 YEAR AND 8 MONTHS OF SAID 5-YEAR PERIOD WOULD REMAIN TO BE COMPLETED AFTER HE HAD ATTAINED HIS MAJORITY.

IN B-63225, DATED APRIL 14, 1947, 26 COMP. GEN. 778, IN A CASE WHERE THE RELATIONSHIP COMMENCED AFTER ADULTHOOD, IT WAS HELD, IN EFFECT, THAT THE WORDS "IN LOCO PARENTIS," AS USED IN THE ABOVE-CITED STATUTE, WERE TO BE CONSIDERED TO HAVE BEEN USED WITH THE COMMON-LAW LIMITATION UPON THEM RATHER THAN IN THE BROADER SENSE OF GENERAL DESCRIPTIVE WORDS -- THAT IS, THAT THE STATUS COULD NOT EXIST EXCEPT AS TO A MINOR. HENCE, IT WAS THERE SAID THAT THE IN LOCO PARENTIS STATUS MAY NOT HAVE ITS INCEPTION AFTER ADULTHOOD; AND IN THAT VIEW OF THE MATTER, THERE ALSO WOULD APPEAR TO BE NO PROPER BASIS FOR CONCLUDING THAT THERE MAY BE A COMPLETION OF THE REQUIRED "CONTINUOUS PERIOD OF NOT LESS THAN 5 YEARS" AFTER ATTAINMENT OF MAJORITY.

ACCORDINGLY, IT MAY NOT BE CONSIDERED THAT THE IN LOCO PARENTIS STATUS REQUIRED BY THE PERTINENT STATUTE HAS BEEN ESTABLISHED IN THE PRESENT CASE AND, THEREFORE, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER SUBMITTED WITH YOUR LETTER. SAID VOUCHER, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, IS BEING RETAINED IN THIS OFFICE.