B-94555, APRIL 27, 1950, 29 COMP. GEN. 434

B-94555: Apr 27, 1950

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EVEN THOUGH THE DECEASED EMPLOYEE WAS RECRUITED FOR DUTY WHILE RESIDING IN ALASKA. 1950: REFERENCE IS MADE TO YOUR DEPARTMENT'S LETTER OF APRIL 14. THEREAFTER HE WAS EMPLOYED IN THE FEDERAL SERVICE IN ALASKA AND. WAS SERVING AS FIELD DEPUTY MARSHAL. THE BASIC QUESTION IN YOUR SUBMISSION IS WHETHER THE PROVISIONS OF THE ACT OF JULY 8. WAS TO PROVIDE FOR THE RETURN TO THE UNITED STATES OF THE REMAINS. THERE IS NOTHING IN THE STATUTE OR THE EXECUTIVE ORDER IN THIS REGARD TO INDICATE THAT SUCH BENEFITS ARE LIMITED TO FEDERAL EMPLOYEES RECRUITED IN THE UNITED STATES. IS AUTHORIZED.

B-94555, APRIL 27, 1950, 29 COMP. GEN. 434

TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF DECEASED EMPLOYEES RECRUITED IN ALASKA THE COST OF TRANSPORTING THE DEPENDENTS AND HOUSEHOLD EFFECTS OF A DECEASED EMPLOYEE FROM ALASKA WHERE THE EMPLOYEE DIED TO HIS FORMER HOME OR TO SUCH OTHER POINT IN THE UNITED STATES AS MAY BE DESIGNATED BY THE ADMINISTRATIVE AGENCY MAY BE PAID BY THE GOVERNMENT UNDER THE ACT OF JULY 8, 1940, AND EXECUTIVE ORDER NO. 8557 ISSUED PURSUANT THERETO, EVEN THOUGH THE DECEASED EMPLOYEE WAS RECRUITED FOR DUTY WHILE RESIDING IN ALASKA.

COMPTROLLER GENERAL WARREN TO THE ATTORNEY GENERAL, APRIL 27, 1950:

REFERENCE IS MADE TO YOUR DEPARTMENT'S LETTER OF APRIL 14, 1950, WITH ENCLOSURE, REQUESTING A DECISION WHETHER THE DEPENDENT WIFE AND CHILDREN AND THE HOUSEHOLD GOODS AND EFFECTS OF THE LATE STEPHEN A. MIKULAS, FORMER DEPUTY UNITED STATES MARSHAL, AN EMPLOYEE RECRUITED IN ALASKA, PROPERLY MAY BE TRANSPORTED TO THE UNITED STATES FROM ALASKA AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF THE ACT OF JULY 8, 1940, 54 STAT. 743, 744.

THE RECORD SHOWS THAT MR. MIKULAS, A NATIVE OF OHIO, WENT TO ALASKA AND SERVED AS A PRIVATE AND MUNICIPAL POLICE OFFICER FOR SEVERAL YEARS. THEREAFTER HE WAS EMPLOYED IN THE FEDERAL SERVICE IN ALASKA AND, AT THE TIME OF HIS DEATH, WAS SERVING AS FIELD DEPUTY MARSHAL, A FEDERAL POSITION, AT FAIRBANKS, ALASKA. THE BASIC QUESTION IN YOUR SUBMISSION IS WHETHER THE PROVISIONS OF THE ACT OF JULY 8, 1940, SUPRA, APPLY TO FEDERAL EMPLOYEES RECRUITED FOR DUTY WHILE RESIDING OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES.

ONE OF THE APPARENT PURPOSES OF THE SAID ACT OF JULY 8, 1940, AND OF EXECUTIVE ORDER 8557, SEPTEMBER 30, 1940, ISSUED PURSUANT THERETO, WAS TO PROVIDE FOR THE RETURN TO THE UNITED STATES OF THE REMAINS, DEPENDENTS, AND HOUSEHOLD GOODS AND EFFECTS OF RESIDENTS OF THE UNITED STATES WHO WENT ABROAD, OR AT LEAST, REMAINED ABROAD BECAUSE OF THE NEED OF THE GOVERNMENT FOR THEIR SERVICES IN TERRITORIAL OR FOREIGN LOCATIONS. THERE IS NOTHING IN THE STATUTE OR THE EXECUTIVE ORDER IN THIS REGARD TO INDICATE THAT SUCH BENEFITS ARE LIMITED TO FEDERAL EMPLOYEES RECRUITED IN THE UNITED STATES.

ACCORDINGLY, PAYMENT OF THE COST OF TRANSPORTING THE DECEDENT'S DEPENDENTS AND HOUSEHOLD GOODS TO HIS FORMER HOME IN OHIO, OR TO SUCH OTHER POINT IN THE UNITED STATES AS MAY BE DESIGNATED BY YOU, UNDER THE ACT OF JULY 8, 1940, SUPRA, IS AUTHORIZED.