B-131138, MAR. 29, 1957
Highlights
WE ARE RELIABLY INFORMED BY THE CIVIL SERVICE COMMISSION THAT NO REFUND OF RETIREMENT DEDUCTIONS IS EVER MADE EXCEPT UPON WRITTEN APPLICATION THEREFOR. IT IS NOTED THAT THE LETTER DATED MAY 16. STATES THAT THE CHECK WAS ISSUED AND MAILED TO YOU "BASED ON YOUR APPLICATION.'. AS YOU PREVIOUSLY WERE ADVISED. WARRANT OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK. MORE THAN SIX YEARS AFTER THE CHECK WAS DRAWN APRIL 7. THE RECORDS SHOW THAT THE CHECK WAS NEGOTIATED AND PAID IN DUE COURSE. THE COURTS HAVE HELD THAT A GOVERNMENTAL OFFICIAL LACKS POWER TO WAIVE STATUTORY LIMITATIONS ENACTED FOR THE GOVERNMENT'S BENEFIT.
B-131138, MAR. 29, 1957
TO MR. ANDRES BARCILONA:
YOUR LETTER DATED FEBRUARY 20, 1957, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR OFFICE IN DENYING YOUR CLAIM FOR THE PROCEEDS OF TREASURY (CIVIL SERVICE RETIREMENT) CHECK NO. 43,559,150, FOR $236.43, DRAWN APRIL 7, 1947, TO YOUR ORDER BY PAUL D. BANNING, SYMBOL 300.
IN YOUR LETTER YOU SAY THAT YOU DID NOT APPLY FOR THE RETURN OF YOUR RETIREMENT DEPOSIT NOR DID YOU AUTHORIZE ANYONE TO DRAW IT IN YOUR FAVOR.
WE ARE RELIABLY INFORMED BY THE CIVIL SERVICE COMMISSION THAT NO REFUND OF RETIREMENT DEDUCTIONS IS EVER MADE EXCEPT UPON WRITTEN APPLICATION THEREFOR. ALSO, IT IS NOTED THAT THE LETTER DATED MAY 16, 1956, ADDRESSED TO YOU BY THE RETIREMENT DIVISION, CIVIL SERVICE COMMISSION, STATES THAT THE CHECK WAS ISSUED AND MAILED TO YOU "BASED ON YOUR APPLICATION.' THEREFORE APPEARS THAT YOU DID REQUEST THE ISSUANCE OF THE REFUND CHECK.
HOWEVER THAT MAY BE, AS YOU PREVIOUSLY WERE ADVISED, SECTION 2 OF THE ACT OF CONGRESS APPROVED JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, PROVIDES THAT "ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK, CHECKS, WARRANT OR WARRANTS INVOLVED.' IN THE INSTANT CASE, YOUR CLAIM DID NOT REACH THE GENERAL ACCOUNTING OFFICE UNTIL AUGUST 28, 1956, MORE THAN SIX YEARS AFTER THE CHECK WAS DRAWN APRIL 7, 1947. THE RECORDS SHOW THAT THE CHECK WAS NEGOTIATED AND PAID IN DUE COURSE. ALSO, THE COURTS HAVE HELD THAT A GOVERNMENTAL OFFICIAL LACKS POWER TO WAIVE STATUTORY LIMITATIONS ENACTED FOR THE GOVERNMENT'S BENEFIT. COMPAGNIE GENERALS TRANSATLANTIQUE V. UNITED STATES, 51 F.2D 1053; MAHONING COAL R. CO., ET AL. V. UNITED STATES, 28 F.2D 917; 53 C.J.S. LIMITATIONS OF ACTIONS SEC. 24.
ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE ACTION HERETOFORE TAKEN IN DISALLOWING YOUR CLAIM FOR THE PROCEEDS OF THE CHECK AND SUCH ACTION IS AGAIN SUSTAINED.