B-146702, AUG. 20, 1963, 43 COMP. GEN. 165

B-146702: Aug 20, 1963

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IS TO BE COUNTED FROM THE LAST DAY THE PERSON DRAWS THE DUAL COMPENSATION PAYMENT. IF THE LAST DATE OF ANY UNBROKEN PERIOD OF DUAL COMPENSATION PAYMENTS IS LESS THAN 6 YEARS PRIOR TO THE DATE THE DEBT WAS REPORTED TO THE GENERAL ACCOUNTING OFFICE FOR COLLECTION. NO PART OF THE CLAIM FOR THAT UNBROKEN PERIOD IS WAIVED. IF THE LAST DATE OF THE DUAL COMPENSATION VIOLATION IS MORE THAN 6 YEARS PRIOR TO THE DATE OF REPORTING TO GENERAL ACCOUNTING OFFICE. THE CLAIM IS WAIVED. IS TO BE CONSTRUED AS AUTHORIZING A WAIVER OF DUAL COMPENSATION PAYMENTS FOR ANY PERIOD EXCEEDING 6 YEARS. OR IS SUCH PHRASE TO BE CONSTRUED AS AUTHORIZING WAIVER ONLY WHERE THE PERIOD OF DUAL EMPLOYMENT WAS TERMINATED MORE THAN 6 YEARS PRIOR TO REPORTING TO THE GENERAL ACCOUNTING OFFICE.

B-146702, AUG. 20, 1963, 43 COMP. GEN. 165

COMPENSATION - DOUBLE - COLLECTION OF OVERPAYMENTS - WAIVER UNDER ACT OF AUGUST 28, 1954 - STATUTE OF LIMITATIONS THE 6-YEAR TIME LIMITATION FOR WAIVER OF DUAL COMPENSATION PAYMENTS IN THE ACT OF AUGUST 28, 1954, 31 U.S.C. 237A, IS TO BE COUNTED FROM THE LAST DAY THE PERSON DRAWS THE DUAL COMPENSATION PAYMENT, AND, IF THE LAST DATE OF ANY UNBROKEN PERIOD OF DUAL COMPENSATION PAYMENTS IS LESS THAN 6 YEARS PRIOR TO THE DATE THE DEBT WAS REPORTED TO THE GENERAL ACCOUNTING OFFICE FOR COLLECTION, NO PART OF THE CLAIM FOR THAT UNBROKEN PERIOD IS WAIVED, EVEN THOUGH THE PERIOD EXTENDS BEYOND 6 YEARS, BUT IF THE LAST DATE OF THE DUAL COMPENSATION VIOLATION IS MORE THAN 6 YEARS PRIOR TO THE DATE OF REPORTING TO GENERAL ACCOUNTING OFFICE, THE CLAIM IS WAIVED.

TO THE SECRETARY OF DEFENSE, AUGUST 20, 1963:

ON JULY 26, 1963, THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER) REQUESTED OUR DECISION WHETHER THE PHRASE "SIX YEARS FROM THE LAST DATE OF ANY PERIOD OF DUAL COMPENSATION" IN 31 U.S.C. 237A, ACT OF AUGUST 28, 1954, IS TO BE CONSTRUED AS AUTHORIZING A WAIVER OF DUAL COMPENSATION PAYMENTS FOR ANY PERIOD EXCEEDING 6 YEARS, OR IS SUCH PHRASE TO BE CONSTRUED AS AUTHORIZING WAIVER ONLY WHERE THE PERIOD OF DUAL EMPLOYMENT WAS TERMINATED MORE THAN 6 YEARS PRIOR TO REPORTING TO THE GENERAL ACCOUNTING OFFICE.

WE NOTE THAT THE QUESTION IS BEING PRESENTED AS A RESULT OF COMMITTEE ACTION NO. 324, JUNE 28, 1963, TAKEN BY THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

31 U.S.C. 237A READS AS FOLLOWS:

THE UNITED STATES WAIVES ALL CLAIMS AGAINST ANY PERSON ARISING OUT OF THE RECEIPT BY SUCH PERSON OF COMPENSATION FROM THE UNITED STATES INCLUDING GOVERNMENT OWNED OR CONTROLLED CORPORATIONS OR FROM THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IN VIOLATION OF ANY PROVISION OF LAW PROHIBITING OR RESTRICTING THE RECEIPT OF DUAL COMPENSATION, WHICH HAS NOT BEEN REPORTED TO THE GENERAL ACCOUNTING OFFICE FOR COLLECTION WITHIN SIX YEARS FROM THE LAST DATE OF ANY PERIOD OF DUAL COMPENSATION.

SECTION 237A DOES NOT REFER TO PERIODS OF ACCOUNT OF DISBURSING OFFICERS OR TO PAYROLL PERIODS BUT REFERS ONLY TO SUCH PERIODS AS THE PERSON INVOLVED WAS DRAWING COMPENSATION FROM TWO SOURCES IN VIOLATION OF LAW. THEREFORE, THE TIME FROM WHICH THE 6 YEARS IS TO BE COUNTED WOULD BE THE LAST DAY THE PERSON DREW DUAL COMPENSATION REGARDLESS OF WHEN THE PAYROLL PERIOD ENDED. FOR EXAMPLE, IF DUAL COMPENSATION CEASED ON THE 10TH OF THE MONTH AND THE PAYROLL DID NOT END UNTIL THE 18TH, THE "LAST DATE" WOULD BE THE 10TH RATHER THAN THE 18TH. MOREOVER, IT IS OUR VIEW THAT THE PERIOD OF DUAL COMPENSATION CONTEMPLATED BY THE ACT MAY BE OF ANY LENGTH, FROM A MATTER OF HOURS TO SEVERAL YEARS, BUT IF THE "LAST DATE" OF ANY UNBROKEN PERIOD IS LESS THAN 6 YEARS PRIOR TO THE DATE OF REPORTING TO OUR OFFICE, NO PART OF THE CLAIM FOR THAT PERIOD IS WAIVED BY THE ACT, EVEN THOUGH THE PERIOD MAY EXTEND BACK BEYOND THE 6 YEARS PROVIDED IN THE ACT, FOR EXAMPLE, 10 YEARS. HOWEVER, THE TIME FOR EACH UNBROKEN PERIOD RUNS FROM THE "LAST DATE" OF THAT PERIOD AND ANY PERIOD THE "LAST DATE" OF WHICH IS MORE THAN 6 YEARS PRIOR TO THE DATE OF REPORTING TO OUR OFFICE WOULD BE WAIVED BY THE ACT.

HENCE, THE FIRST PART OF YOUR QUESTION IS ANSWERED IN THE NEGATIVE AND THE SECOND PART THEREOF IS ANSWERED IN THE AFFIRMATIVE.

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