B-133434, SEP 10, 1958
Highlights
JONES: WE HAVE YOUR LETTER OF AUGUST 5. YOU HAVE FURNISHED RECEIPTS SHOWING THE COST OF MOVING THE REMAINS OF YOUR WIFE FROM THE PLACE WHERE DEATH OCCURRED TO AN UNDERTAKING ESTABLISHMENT IN SEATTLE. SINCE THE RECORD NOW SHOWS THAT SERVICES ABOVE- MENTIONED TOTAL $65 A SETTLEMENT IN YOUR FAVOR WILL ISSUE FOR THAT AMOUNT IN REGULAR COURSE. THE AUTHORITY FOR PAYMENT OF EXPENSES INCIDENT TO THE TRANSPORTATION OF THE REMAINS OF THE DEPENDENTS OF AN EMPLOYEE OF THE UNITED STATES IS PROVIDED FOR IN SECTION 7C OF THE ACT OF JULY 15. BY THE DEPARTMENT CONCERNED IN RESPECT OF SUCH DEPENDENTS ON A REIMBURSABLE BASIS WHERE LOCAL COMMERCIAL MORTUARY FACILITIES AND SUPPLIES ARE NOT AVAILABLE. THE COST THEREOF IS PROHIBITIVE IN THE OPINION OF THE HEAD OF SUCH DEPARTMENT.
B-133434, SEP 10, 1958
PRECIS-UNAVAILABLE
MR. LYLE F. JONES:
WE HAVE YOUR LETTER OF AUGUST 5, 1958, WITH ENCLOSURES, TRANSMITTING TO US THE INFORMATION REQUESTED IN OUR DECISION OF OCTOBER 7, 1957, B 133434, TO YOU, TO SUPPORT YOUR CLAIM FOR REIMBURSEMENT OF CERTAIN EXPENSES INCIDENT TO THE DEATH OF YOUR WIFE.
YOU HAVE FURNISHED RECEIPTS SHOWING THE COST OF MOVING THE REMAINS OF YOUR WIFE FROM THE PLACE WHERE DEATH OCCURRED TO AN UNDERTAKING ESTABLISHMENT IN SEATTLE, WASHINGTON, $25, REMOVAL TO DEPOT IN SEATTLE $25, AND REMOVAL AT GRAND JUNCTION, COLORADO, FROM DEPOT TO UNDERTAKERS' ESTABLISHMENT $15. SINCE THE RECORD NOW SHOWS THAT SERVICES ABOVE- MENTIONED TOTAL $65 A SETTLEMENT IN YOUR FAVOR WILL ISSUE FOR THAT AMOUNT IN REGULAR COURSE.
IN YOUR LETTER YOU EXPRESS THE VIEW THAT YOU SHOULD BE REIMBURSED FOR THE CARE OF THE REMAINS AT THE MITTALSTADT MORTUARY IN SEATTLE AS THIS WOULD BE INCIDENTAL TO THE SHIPMENT OF THE REMAINS. THE AUTHORITY FOR PAYMENT OF EXPENSES INCIDENT TO THE TRANSPORTATION OF THE REMAINS OF THE DEPENDENTS OF AN EMPLOYEE OF THE UNITED STATES IS PROVIDED FOR IN SECTION 7C OF THE ACT OF JULY 15, 1954, 68 STAT. 479, 5 U.S.C. 103C. SECTION 7C OF THAT ACT PROVIDES IN PART AS FOLLOWS:
"(C) ***. MORTUARY SERVICES AND SUPPLIES MAY BE FURNISHED, IF PRACTICABLE, BY THE DEPARTMENT CONCERNED IN RESPECT OF SUCH DEPENDENTS ON A REIMBURSABLE BASIS WHERE LOCAL COMMERCIAL MORTUARY FACILITIES AND SUPPLIES ARE NOT AVAILABLE, OR IF AVAILABLE, THE COST THEREOF IS PROHIBITIVE IN THE OPINION OF THE HEAD OF SUCH DEPARTMENT. REIMBURSEMENT FOR THE COST OF MORTUARY SERVICES AND SUPPLIES FURNISHED UNDER THE AUTHORITY OF THIS SUBSECTION SHALL BE COLLECTED AND CREDITED TO CURRENT APPROPRIATIONS AVAILABLE FOR THE PAYMENT OF SUCH COSTS."
THIS ACT AUTHORIZES THE INCURRING OF EXPENSES FOR THE TRANSPORTATION OF THE REMAINS OF DEPENDENTS OF CIVILIAN EMPLOYEES OF THE UNITED STATES WHEN SUCH INDIVIDUALS DIE WHILE ABROAD. HOWEVER, THERE IS NOTHING IN THE ACT AND NO REGULATIONS APPEAR TO HAVE BEEN ISSUED THEREUNDER WHICH WOULD AUTHORIZE THE PAYMENT OF MORTUARY SERVICE EVEN THOUGH SUCH SERVICE MAY BE INCIDENTAL TO SHIPMENT OF THE REMAINS. ON THE CONTRARY, IN PARTICULAR CASES THE GOVERNMENT IS AUTHORIZED TO FURNISH MORTUARY SERVICES AND SUPPLIES; HOWEVER, THESE SERVICES AND SUPPLIES FURNISHED BY THE GOVERNMENT ARE ON A REIMBURSABLE BASIS. ACCORDINGLY, THERE IS NO AUTHORITY BY WHICH OUR OFFICE MAY AUTHORIZE THE PAYMENT OF THE MORTUARY SERVICES AT SEATTLE.