B-96539, AUGUST 2, 1950, 30 COMP. GEN. 65

B-96539: Aug 2, 1950

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WAS REPEALED BY THE CAREER COMPENSATION ACT OF 1949. THE AUTHORITY GRANTED THE SECRETARIES OF THE ARMY AND THE NAVY UNDER THE 1942 ACT TO MAKE DETERMINATIONS OF DEPENDENCY MATTERS MAY CONTINUE TO BE EXERCISED IN CASE OF ENLISTED MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO THE BENEFITS OF THE SAVED PAY PROVISIONS OF SECTION 515 OF THE 1949 ACT WHOSE APPLICATIONS FOR CLASS A DEPENDENTS FAMILY ALLOWANCE WERE FILED PRIOR TO THE EFFECTIVE DATE OF THAT ACT AND WHOSE APPLICATIONS FOR FAMILY ALLOWANCES FOR CLASSES B AND B-1 DEPENDENTS. WERE FILED PRIOR TO SUCH DATE AND APPROVED ON OR AFTER THAT DATE BUT PRIOR TO THE DATE OF APPROVAL OF THE 1949 ACT. TO MAKE DETERMINATIONS ESTABLISHING DEPENDENCY WILL RESPECT TO FAMILY ALLOWANCE APPLICATIONS FOR CLASS B AND CLASS B-1 DEPENDENTS.

B-96539, AUGUST 2, 1950, 30 COMP. GEN. 65

PAY AND ALLOWANCES - SAVINGS PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949 WHILE THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, WAS REPEALED BY THE CAREER COMPENSATION ACT OF 1949, THE AUTHORITY GRANTED THE SECRETARIES OF THE ARMY AND THE NAVY UNDER THE 1942 ACT TO MAKE DETERMINATIONS OF DEPENDENCY MATTERS MAY CONTINUE TO BE EXERCISED IN CASE OF ENLISTED MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO THE BENEFITS OF THE SAVED PAY PROVISIONS OF SECTION 515 OF THE 1949 ACT WHOSE APPLICATIONS FOR CLASS A DEPENDENTS FAMILY ALLOWANCE WERE FILED PRIOR TO THE EFFECTIVE DATE OF THAT ACT AND WHOSE APPLICATIONS FOR FAMILY ALLOWANCES FOR CLASSES B AND B-1 DEPENDENTS, OR DEPENDENTS OF ENLISTED FEMALES, WERE FILED PRIOR TO SUCH DATE AND APPROVED ON OR AFTER THAT DATE BUT PRIOR TO THE DATE OF APPROVAL OF THE 1949 ACT. WHERE THE AUTHORITY GRANTED THE SECRETARIES OF THE ARMY AND THE NAVY UNDER THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, TO MAKE DETERMINATIONS ESTABLISHING DEPENDENCY WILL RESPECT TO FAMILY ALLOWANCE APPLICATIONS FOR CLASS B AND CLASS B-1 DEPENDENTS, OR DEPENDENTS OF ENLISTED FEMALES, WAS NOT EXERCISED PRIOR TO THE QUALIFIED REPEAL OF THAT ACT BY THE CAREER COMPENSATION ACT OF 1949, THE INCHOATE RIGHT OF THE PERSONS CONCERNED TO SUCH ALLOWANCES WAS THEREBY TERMINATED AND NO DETERMINATIONS OR REDETERMINATIONS WITH RESPECT THERETO MAY NOW BE AUTHORIZED. WHERE ENLISTED MEMBERS OR FORMER ENLISTED MEMBERS OF THE UNIFORMED SERVICES HAVE NOT BEEN AND CURRENTLY COULD NOT BECOME ENTITLED TO THE BENEFITS OF THE SAVED PAY PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, THE SECRETARY OF THE DEPARTMENT CONCERNED MAY NOT EXERCISE THE AUTHORITY GRANTED HIM UNDER THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, TO MAKE DETERMINATIONS ESTABLISHING DEPENDENCY WITH RESPECT TO FAMILY ALLOWANCE APPLICATIONS FILED BY SUCH MEMBERS OR THEIR DEPENDENTS AS SUCH AUTHORITY REMAINED IN EFFECT UNDER THE 1940 ACT ONLY AS TO PERSONS ENTITLED TO THE BENEFITS OF THE SAVED PAY PROVISIONS OF THE LATTER ACT.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, AUGUST 2, 1950:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 5, 1950, REQUESTING DECISION ON FOUR QUESTIONS RELATIVE TO THE AUTHORITY OF THE SECRETARIES OF THE ARMY AND THE NAVY TO MAKE DETERMINATIONS AND REDETERMINATIONS, INCLUDING THOSE RELATING TO THE FACT OF DEPENDENCY, UNDER SECTIONS 103, 104, 106, 107, 108, 109, 110, 111, 112, AND 121 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, 37 U.S.C. 203-204, 206 212, AND 221, IN THE CIRCUMSTANCES STATED IN SUCH QUESTIONS AS QUOTED HEREINAFTER.

YOU REFER TO A DECISION OF THIS OFFICE DATED NOVEMBER 30, 1949, 20 COMP. GEN. 241, AND STATE THAT QUESTION HAS ARISEN AS TO WHETHER THE RULING ON THE NINTH QUESTION CONSIDERED THEREIN IS APPLICABLE TO THE AUTHORITY TO MAKE THE DETERMINATIONS AND REDETERMINATIONS MENTIONED ABOVE. IT WAS HELD IN SUCH DECISION THAT IN VIEW OF THE FACT THAT THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, WAS "REPEALED" BY SECTIONS 531 (D) AND 533 (A) OF THE CAREER COMPENSATION ACT OF 1949, APPROVED OCTOBER 12, 1949, 63 STAT. 841, EFFECTIVE OCTOBER 1, 1949, THE PROVISIONS OF THE SAID 1942 ACT CEASED TO BE IN EFFECT AFTER SUCH REPEAL, EXCEPT TO THE EXTENT THAT THEY WERE MADE OPERATIVE BY SECTIONS 515 (C) AND 520 OF THE SAID CAREER COMPENSATION ACT OF 1949, 63 STAT. 832, 834, 37 U.S.C., SUPP. III, 315, 319, IN THE CASES OF SERVICEMEN AND THEIR DEPENDENTS ENTITLED TO THE SAVED PAY BENEFITS OF SECTION 515 (B) OF THAT ACT, 63 STAT. 831. ALSO, IT WAS CONCLUDED THAT ALTHOUGH THE SECRETARIES OF THE DEPARTMENTS CONCERNED RETAINED THE AUTHORITY TO MAKE DETERMINATIONS OF FACT AND TO WAIVE RECOVERY OF CERTAIN OVERPAYMENTS AND ERRONEOUS PAYMENTS AS AUTHORIZED IN SECTION 112 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 37 U.S.C. 212, FOR PERIODS PRIOR OR SUBSEQUENT TO OCTOBER 1, 1949, WHERE THE PERSONS CONCERNED ARE OTHERWISE ELIGIBLE FOR FAMILY ALLOWANCES UNDER THE ABOVE-CITED SAVED PAY PROVISIONS OF LAW, THE SECRETARIES WERE WITHOUT AUTHORITY TO WAIVE RECOVERY OF OVERPAYMENTS OR ERRONEOUS PAYMENTS OF FAMILY ALLOWANCES, MADE EITHER PRIOR OR SUBSEQUENT TO THE REPEAL OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT, IN THE CASES OF MEMBERS NOT ENTITLED TO THE BENEFITS OF THE SAID SAVINGS PROVISIONS. SUCH CONCLUSION, TO A LARGE EXTENT, WAS BASED UPON THE ESTABLISHED RULE THAT WHERE A RIGHT IS CREATED SOLELY BY STATUTE AND IS STILL INCHOATE, THE REPEAL OF THE STATUTE HAS THE EFFECT OF DESTROYING THE RIGHT TO THE EXTENT THAT IT IS NOT PRESERVED IN A SAVINGS CLAUSE. SEE, IN THAT CONNECTION, NAPA STATE HOSPITAL V. FLAHERTY, 66 PAC. 322; HERTZ V. WOODMAN, 218 U.S. 205; AND CASES CITED IN 50 AM.JUR. 533, NOTE 9. SINCE THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT WAS REPEALED, EXCEPT AS TO THE CASES OF PERSONS ENTITLED TO THE SAVED PAY BENEFITS REFERRED TO ABOVE, SUCH RULE AND THE EQUALLY WELL- ESTABLISHED RULE THAT THE REPEAL OF A STATUTE DOES NOT TERMINATE ANY RIGHT WHICH MAY HAVE VESTED UNDER THE PROVISIONS THEREOF PRIOR TO REPEAL (SEE ARNOLD AND MURDOCK CO. V. INDUSTRIAL COMMISSION, 145 N.E. 342, 40 A.L.R. 1470; PACIFIC MAIL S.S. CO. V. JOLIFFE, 69 U.S. 450; ETTOR V. TACOMA, 228 U.S. 148; UNITED STATES V. KENDALL, 263 F. 126) APPEAR TO BE FOR APPLICATION IN THE PRESENT MATTER. YOUR QUESTIONS WILL BE CONSIDERED IN NUMERICAL ORDER ON THAT BASIS, THE FIRST QUESTION BEING AS FOLLOWS.

1. MAY DETERMINATIONS AND REDETERMINATIONS UNDER THE VARIOUS SECTIONS OF THE SERVICEMEN'S DEPARTMENTS ALLOWANCE ACT OF 1942, AS AMENDED, NOW BE MADE IN CASES WHERE APPLICATIONS FOR FAMILY ALLOWANCES WERE FILED PRIOR TO 1 OCTOBER 1949, IF ACTION BASED ON DETERMINATIONS MADE AT THIS TIME WOULD BRING THE SERVICEMEN CONCERNED CURRENTLY UNDER THE SAVINGS PROVISIONS OF SECTION 515 OF THE CAREER COMPENSATION ACT?

SECTIONS 103 AND 104 OF THE SERVICEMEN'S DEPARTMENTS ALLOWANCE ACT OF 1942, AS AMENDED, 37 U.S.C. 203, 204, PROVIDE AS FOLLOWS:

SEC. 103. THE DEPENDENTS OF ANY SUCH ENLISTED MAN TO WHOM A FAMILY ALLOWANCE IS PAYABLE UNDER THE PROVISIONS OF THIS TITLE SHALL BE DIVIDED INTO THREE CLASSES TO BE KNOWN AS "CLASS A," "CLASS B," AND "CLASS B-1" DEPENDENTS. THE CLASS A DEPENDENTS OF ANY SUCH ENLISTED MAN SHALL INCLUDE ANY PERSON WHO IS THE WIFE, THE CHILD, OR THE FORMER WIFE DIVORCED OF ANY SUCH ENLISTED MAN. THE CLASS B DEPENDENTS OF ANY SUCH ENLISTED MAN SHALL INCLUDE ANY PERSON WHO IS THE PARENT, BROTHER, OR SISTER OF SUCH ENLISTED MAN AND WHO IS FOUND BY THE SECRETARY OF THE DEPARTMENT CONCERNED TO BE DEPENDENT UPON SUCH ENLISTED MAN FOR A SUBSTANTIAL PORTION OF HIS SUPPORT. THE CLASS B-1 DEPENDENTS OF ANY SUCH ENLISTED MAN SHALL INCLUDE ANY PERSON WHO IS THE PARENT, BROTHER, OR SISTER OF SUCH ENLISTED MAN AND WHO IS FOUND BY THE SECRETARY OF THE DEPARTMENT CONCERNED TO BE DEPENDENT UPON SUCH ENLISTED MAN FOR THE CHIEF PORTION OF HIS SUPPORT.

SEC. 114. A MONTHLY FAMILY ALLOWANCE SHALL BE GRANTED AND PAID BY THE UNITED STATES TO THE CLASS A DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY SUCH ENLISTED MAN OR MADE BY OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS. MONTHLY FAMILY ALLOWANCE SHALL BE GRANTED AND PAID BY THE UNITED STATES TO THE CLASS B OR CLASS B-1 DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY SUCH ENLISTED MAN, OR UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS IN ANY CASE IN WHICH THE SECRETARY OF THE DEPARTMENT CONCERNED FINDS THAT IT IS IMPRACTICABLE FOR SUCH ENLISTED MAN TO REQUEST THE PAYMENT OF SUCH ALLOWANCE. THE PAYMENT OF A MONTHLY FAMILY ALLOWANCE TO ANY CLASS B OR CLASS B-1 DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN SHALL BE TERMINATED UPON THE RECEIPT BY THE DEPARTMENT CONCERNED OF A WRITTEN REQUEST BY SUCH ENLISTED MAN THAT SUCH ALLOWANCE BE TERMINATED. (ITALICS SUPPLIED.)

WHILE THE FOREGOING PROVISIONS OF LAW ARE NOT SELF-EXECUTING, THE ONLY ACTION WHICH APPEARS TO BE REQUIRED AS A CONDITION PRECEDENT TO THE VESTING OF A RIGHT TO PAYMENT OF FAMILY ALLOWANCE TO CLASS A DEPENDENTS IS THE FILING WITH THE DEPARTMENT CONCERNED OF A WRITTEN APPLICATION THEREFOR BY ENLISTED MEN OR DEPENDENTS OTHERWISE ENTITLED THERETO. HENCE, IT WOULD SEEM THAT A RIGHT TO SUCH ALLOWANCE WOULD VEST UPON THE FILING OF SUCH APPLICATION PRIOR TO OCTOBER 1, 1949. IN A CASE INVOLVING FAMILY ALLOWANCE PAYABLE TO CLASS A DEPENDENTS WHERE THE ENLISTED MAN ENLISTED ON SEPTEMBER 30, 1949, AND FILED APPLICATION FOR SUCH ALLOWANCE ON OCTOBER 4, 1949, IT WAS HELD THAT SINCE THE FILING OF SUCH APPLICATION ON OCTOBER 4, 1949, QUALIFIED HIS DEPENDENTS FOR INITIAL FAMILY ALLOWANCE FOR THE MONTH OF SEPTEMBER 1949, HE AND HIS DEPENDENTS WERE ENTITLED TO THE SAVED PAY BENEFITS OF SECTION 515 (B) OF THE CAREER COMPENSATION ACT OF 1949, HE BEING A MEMBER WHOSE TOTAL COMPENSATION PAYABLE ON SEPTEMBER 30, 1949,"THE DAY IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT," UNDER THE PROVISIONS OF LAW IN EFFECT ON THAT DATE, INCLUDED FAMILY ALLOWANCE. THE REPEAL (OR MODIFICATION) OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT ON OCTOBER 12, 1949, PURPORTEDLY RETROACTIVE TO OCTOBER 1, 1949, DID NOT AFFECT HIS RIGHT TO THE FAMILY ALLOWANCE TO WHICH HE WAS ENTITLED ON SEPTEMBER 30, 1949. SEE DECISION TO THE SECRETARY OF THE AIR FORCE DATED JUNE 27, 1950, B-94740.

WITH REFERENCE TO CLASS B AND CLASS B-1 DEPENDENTS, AND DEPENDENTS OF ENLISTED FEMALES (SEE SECTION 121 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT, 37 U.S.C. 221, AS TO THE LATTER), THE RIGHT TO FAMILY ALLOWANCE DID NOT VEST IMMEDIATELY UPON THE FILING OF AN APPLICATION THEREFOR, BUT WAS CONTINGENT UPON A DETERMINATION BY THE SECRETARY CONCERNED THAT SUCH DEPENDENTS ARE DEPENDENT UPON THE ENLISTED PERSON FOR A SUBSTANTIAL OR CHIEF PORTION OF THEIR SUPPORT, AS THE CASE MAY BE. IF YOUR FIRST QUESTION SHOULD BE CONSIDERED AS RELATING ONLY TO APPLICATIONS FOR FAMILY ALLOWANCE PAYABLE TO CLASS B OR CLASS B-1 DEPENDENTS, OR TO DEPENDENTS OF ENLISTED FEMALES, AND NO DETERMINATIONS ESTABLISHING DEPENDENCY HAVE YET BEEN MADE IN CONNECTION WITH SUCH APPLICATIONS, THE INCHOATE RIGHT OF THE PERSONS CONCERNED TO SUCH ALLOWANCE WAS TERMINATED BY THE QUALIFIED REPEAL OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT AND, CONSEQUENTLY, NO DETERMINATIONS OR REDETERMINATIONS WITH RESPECT THERETO WOULD BE AUTHORIZED AT THE PRESENT TIME. WITH RESPECT TO THE EFFECT OF DETERMINATIONS OF DEPENDENCY MADE ON OR AFTER OCTOBER 1, 1949, BUT PRIOR TO THE DATE OF APPROVAL OF THE CAREER COMPENSATION ACT, OCTOBER 12, 1949, NOT INVOLVING CASES OF INITIAL FAMILY ALLOWANCE, THERE APPEAR TO BE FOR CONSIDERATION THE PROVISIONS OF SECTION 107 (B) OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT, AS AMENDED, 37 U.S.C. 207, AS FOLLOWS:

(B) THE MONTHLY FAMILY ALLOWANCE PROVIDED FOR BY THIS CHAPTER SHALL BE PAID FOR THE PERIOD BEGINNING WITH THE FIRST DAY OF THE MONTH IN WHICH APPLICATION THEREFOR IS FILED, OR THE FIRST DAY OF THE MONTH IN WHICH THE DEPENDENT OR DEPENDENTS FIRST BECAME ENTITLED THERETO, WHICHEVER IS LATER * * * PROVIDED FURTHER, THAT THE SECRETARY OF WAR AND THE SECRETARY OF THE NAVY MAY, BY REGULATIONS PRESCRIBED BY THEM JOINTLY, FIX THE DATES OF COMMENCEMENT AND TERMINATION OF ANY SUCH FAMILY ALLOWANCE ON ANY DATES NOT MORE THAN ONE MONTH BEFORE OR ONE MONTH AFTER THE DATES ABOVE PRESCRIBED.

PARAGRAPH 4 OR THE JOINT REGULATIONS OF THE SECRETARY OF WAR AND THE SECRETARY OF THE NAVY, ISSUED UNDER AUTHORITY OF THE FOREGOING PROVISION OF LAW, EFFECTIVE NOVEMBER 1, 1943, IS AS OLLOWS:

EXCEPT AS OTHERWISE PROVIDED, THE PERIOD OF ENTITLEMENT TO AND PAYMENT OF REGULAR MONTHLY FAMILY ALLOWANCES, INCLUDING ANY INCREASES THEREIN, SHALL BEGIN AS OF THE FIRST DAY OF THE CALENDAR MONTH IN WHICH A REQUIRED WRITTEN APPLICATION (OR A NOTICE OF CHANGE IN A CASE OF INCREASE) IS FILED, OR THE FIRST DAY OF THE CALENDAR MONTH IN WHICH A DEPENDENT IS ACQUIRED, WHICHEVER IS LATER, BUT IN NO CASE EARLIER THAN THE MONTH OF ENTRY OF THE ENLISTED MAN INTO ACTIVE SERVICE IN A PAY STATUS. IN CASE OF CLASS B OR CLASS B-1 DEPENDENTS THE PERIOD OF ENTITLEMENT AND PAYMENT MAY BEGIN AS OF THE FIRST DAY OF ANY SUBSEQUENT CALENDAR MONTH THAT THE ENLISTED MAN REQUESTS.

UNDER THE FOREGOING PROVISIONS OF LAW AND REGULATIONS, IF AN APPLICATION FOR PAYMENT OF FAMILY ALLOWANCE TO CLASS B DEPENDENTS, CLASS B-1 DEPENDENTS, OR DEPENDENTS OF AN ENLISTED FEMALE, WAS FILED PRIOR TO OCTOBER 1, 1949, AND DETERMINATION OF DEPENDENCY AS TO THEN EXISTING DEPENDENTS WAS MADE ON OR AFTER OCTOBER 1 AND PRIOR TO OCTOBER 12, 1949, SUCH DETERMINATION WOULD APPEAR TO ENTITLE THE PERSONS CONCERNED TO FAMILY ALLOWANCE FROM THE FIRST DAY OF THE MONTH IN WHICH THE APPLICATION WAS FILED, AND UNDER THE RULE STATED IN THE ABOVE MENTIONED DECISION OF JUNE 27, 1950, THE SAVED PAY PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949 WOULD VACATE OR, AT LEAST, POSTPONE THE REPEAL OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT AS TO SUCH PERSONS. THE RULE IS THE SAME AS TO CLASS A DEPENDENTS IN CASES WHERE THE APPLICATION WAS FILED PRIOR TO OCTOBER 1, 1949, SINCE THE RIGHT TO THE ALLOWANCE VESTED UPON THE FILING OF SUCH APPLICATION PRIOR TO THAT DATE.

QUESTION 2 IS AS FOLLOWS:

2. MAY SUCH DETERMINATIONS AND REDETERMINATIONS NOW BE MADE IN SUCH CASES WHERE ACTION BASED THEREON WOULD BRING THE SERVICEMEN UNDER THE SAVINGS PROVISIONS FOR A PERIOD SUBSEQUENT TO 1 OCTOBER 1949, BUT WHERE, BECAUSE OF PROMOTION, OR DISCHARGE FROM THE SERVICE, BETWEEN 1 OCTOBER AND THE DATE OF THE DETERMINATION, THEY WOULD NOT BE ENTITLED TO SAVED PAY ON THE DATE OF SAID DETERMINATION?

AS INDICATED ABOVE, THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT REMAINED IN EFFECT, UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, ONLY AS TO PERSONS WHO ARE ENTITLED TO THE BENEFITS OF THE SAVED PAY PROVISIONS OF THE LATER ACT, AND THEN ONLY FOR THE PERIOD OF THEIR ENTITLEMENT UNDER SUCH PROVISIONS OF LAW. SINCE THE FOREGOING QUESTION APPEARS TO INVOLVE CASES WHERE THE PERSONS CONCERNED HAVE NOT BEEN AND CURRENTLY COULD NOT BECOME ENTITLED TO SUCH BENEFITS, THERE WOULD BE NO AUTHORITY FOR THE MAKING OF DETERMINATIONS OF DEPENDENCY, ETC., IN SUCH CASES AT THE PRESENT TIME.

YOUR THIRD QUESTION IS AS FOLLOWS:

3. MAY SUCH DETERMINATIONS AND REDETERMINATIONS NOW BE MADE IN SUCH CASES WHERE ACTION BASED THEREON WOULD ENTITLE THEM TO FAMILY ALLOWANCE PAYMENTS ONLY FOR A PERIOD PRIOR TO 1 OCTOBER 1949, THE SAVINGS PROVISIONS OF SECTION 515 OF THE CAREER COMPENSATION ACT NOT BEING APPLICABLE?

FOR THE REASONS INDICATED ABOVE, DETERMINATIONS OF DEPENDENCY, ETC., MAY NOT NOW BE MADE IN THE CASES DESCRIBED IN THIS THIRD QUESTION.

QUESTION 4 IS AS FOLLOWS:

4. IN THE EVENT YOUR ANSWER TO ANY OF THE ABOVE QUESTIONS IS IN THE NEGATIVE, WOULD THE ENACTMENT OF CORRECTIVE LEGISLATION, NOW UNDER CONSIDERATION IN THE DEPARTMENT OF THE ARMY, WHICH WOULD CONTINUE IN EFFECT THE PROVISIONS OF SECTION 112 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, ON AND AFTER 1 OCTOBER 1949, LEAD TO ANY DIFFERENT CONCLUSION? NO COPY OF THE PROPOSED CORRECTIVE LEGISLATION WAS ENCLOSED WITH YOUR LETTER AND, CONSEQUENTLY, THIS OFFICE IS NOT IN A PROPER POSITION TO GIVE AN OPINION AS TO WHAT THE EFFECT OF SUCH PROPOSED LEGISLATION MIGHT BE. HOWEVER, IT WILL BE OBSERVED THAT THE ENTIRE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, WAS REPEALED BY THE CAREER COMPENSATION ACT OF 1949, EXCEPT TO THE EXTENT INDICATED ABOVE, AND THE REENACTMENT OR CONTINUING IN EFFECT OF ONLY ONE SECTION THEREOF, RELATING TO THE AUTHORITY OF THE SECRETARY OF THE DEPARTMENT CONCERNED TO MAKE DETERMINATIONS AND REDETERMINATIONS NECESSARY TO ADMINISTER THE ACT, WITHOUT ANY REFERENCE TO THE OTHER SECTIONS GRANTING THE RIGHT TO FAMILY ALLOWANCE AND AUTHORIZING PROCEDURES WITH RESPECT THERETO, WOULD SEEM TO BE OF QUESTIONABLE EFFICACY.