A-89864, MAY 27, 1938, 17 COMP. GEN. 1009

A-89864, MAY 27, 1938, 17 COMP. GEN. 1009

BURIAL EXPENSES - ST. ELIZABETHS HOSPITAL INMATES - AVAILABILITY OF PENSION MONEYS REMAINING TO PENSIONER'S CREDIT AT DATE OF DEATH THE DECISION IN 16 COMP. DEC. 780, DATED JUNE 2, 1910, PERMITTING THE USE OF A REASONABLE, LIMITED AMOUNT OF PENSION MONEY STANDING TO THE CREDIT OF A DECEASED PENSIONER INMATE OF ST. ELIZABETHS HOSPITAL FOR BURIAL PURPOSES, HAVING BEEN BASED UPON THE THEN EXISTING LIMITED AVAILABILITY OF APPROPRIATED FUNDS WHICH PRECLUDED BURIAL OF SUCH DECEASED VETERAN INMATES IN MANY INSTANCES OUTSIDE THE CONFINES OF THE HOSPITAL CEMETERY, AND THERE NOW EXISTING STATUTORY PROVISION FOR THE BURIAL OF INMATES WHO ARE VETERANS OF ANY WAR IN WHICH THE UNITED STATES HAS BEEN OR MAY HEREAFTER BE ENGAGED. IN ANY NATIONAL CEMETERY, FREE OF COST, AND FOR ALLOWANCE OF BURIAL OR FUNERAL EXPENSES OF DECEASED WAR VETERANS, INCLUDING, BY AUTHORITY OF EXECUTIVE ORDER, VETERANS' ADMINISTRATION CONTRACTS FOR BURIAL OF DECEASED VETERANS OF THE HOSPITAL, THERE IS NO LONGER NECESSITY FOR THE USE OF SUCH PENSION MONEYS OF DECEASED INMATES WHO ARE VETERANS OF ANY WAR AND ENTITLED TO SUCH BENEFITS, AND SAID PENSION MONEYS ARE FOR APPLICATION, WITHOUT SUCH DIMINUTION, TO THE GENERAL USES OF THE HOSPITAL AS PROVIDED BY STATUTE WHERE THERE IS NO SURVIVING WIFE OR MINOR CHILDREN OF A MALE PENSIONER, OR NO SURVIVING MINOR CHILDREN OF A FEMALE PENSIONER. 17 COMP. GEN. 383, AMPLIFIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, MAY 27, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 24, 1938, WITH INCLOSURES, RELATIVE TO THE CLAIM OF THE W. W. CHAMBERS CO. FOR $467.10, REPRESENTING AN UNPAID BALANCE ALLEGED TO BE DUE INCIDENT TO THE BURIAL AUGUST 25, 1937, OF SAMUEL J. ADAMS, A FORMER PATIENT AT SAINT ELIZABETHS HOSPITAL.

THE PROPRIETY OF USING THE PENSION MONEY STANDING TO THE CREDIT OF THE DECEDENT FOR PAYING THE UNDERTAKER'S BILL WAS THE SUBJECT OF A DECISION OF THIS OFFICE, A-89864, DATED NOVEMBER 5, 1937, PUBLISHED 17 COMP. GEN. 383. AFTER POINTING OUT THE LIMITATIONS CONTAINED IN THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, AND THE REGULATIONS ISSUED BY THE SECRETARY OF THE INTERIOR; THE FACT THAT THE DECEASED VETERAN INMATE WAS NOT SURVIVED BY AN HEIR OF THE CLASS ENTITLED TO THE BENEFITS OF PENSION MONEY STANDING TO HIS CREDIT AT THE TIME OF DEATH, AND THE ABSENCE OF AN AUTHORIZATION FROM THE PROPER ADMINISTRATIVE OFFICIAL DIRECTING THE OBLIGATION OF SUCH PENSION MONEY FOR BURIAL PURPOSES, IT WAS HELD IN EFFECT THAT THERE WAS NO OBLIGATION UPON THE GOVERNMENT TO PAY FOR THE SERVICES RENDERED OR SUPPLIES FURNISHED BEYOND THE $100 WHICH HAD BEEN PAID BY THE VETERANS' ADMINISTRATION.

AMONG THE INCLOSURES TRANSMITTED WITH YOUR LETTER OF JANUARY 24, 1938, WAS A LETTER FROM A HALF-SISTER OF THE DECEASED PENSIONER DATED NOVEMBER 24, 1937, TO THE EFFECT THAT WHEN SHE AND HER BROTHER, ACCOMPANIED BY AN OFFICIAL OF THE UNDERTAKING ESTABLISHMENT, WENT TO SAINT ELIZABETHS HOSPITAL TO ARRANGE FOR THE FUNERAL SHE WAS INFORMED BY AN EMPLOYEE THQT THE AMOUNT OF PENSION MONEY STANDING TO THE CREDIT OF THE VETERAN, $467.10, WAS AVAILABLE FOR FUNERAL EXPENSES. SHE WAS ALSO INFORMED BY THE SAME PERSON THAT $100 ADDITIONAL WOULD BE PAID BY THE VETERANS' ADMINISTRATION. ACCORDINGLY, ARRANGEMENTS APPEAR TO HAVE BEEN MADE BY HER WITH CHAMBERS FOR A FUNERAL TO COST $575. THE UNDERTAKER IN HIS BILL HAS ENTERED AS CREDITS $100 (TO BE) ALLOWED BY THE VETERANS' ADMINISTRATION, AND $7.90 AS A CASH PAYMENT BY THE HALF SISTER, LEAVING AN UNPAID BALANCE OF $467.10.

IN VIEW OF THE REPRESENTATIONS OF THE HALF-SISTER OF THE DECEASED VETERAN INMATE, THE ASSISTANT SECRETARY OF THE INTERIOR ON DECEMBER 28, 1937, DIRECTED THAT THERE BE OBTAINED A STATEMENT FROM THE EMPLOYEE OF SAINT ELIZABETHS HOSPITAL RELATIVE TO THE CONVERSATION HAD BETWEEN THE SAID EMPLOYEE AND THE HALF-SISTER AND BROTHER OF THE DECEASED VETERAN AS A PRELIMINARY TO THE FUNERAL ARRANGEMENTS, AND THERE WAS FURNISHED SUCH A STATEMENT DATED JANUARY 6, 1938, AS FOLLOWS:

FOLLOWING THE DEATH AT THIS HOSPITAL OF SAMUEL J. ADAMS, PRIVATE, U.S. ARMY, MRS. KATHERINE GARU, HALF-SISTER OF THE DECEASED, AND MR. JOSEPH GALLAGHER, HALF-BROTHER, CALLED AT THE HOSPITAL WITH MR. ECHOLS OF THE W. W. CHAMBERS CO., UNDERTAKERS, TO MAKE ARRANGEMENTS FOR THE FUNERAL.

IN THE ABSENCE OF THE CHIEF CLERK, I HAD PREVIOUSLY ASCERTAINED FROM THE WAR DEPARTMENT (AS IS THE USUAL PROCEDURE IN SUCH CASES) THAT THE DECEASED WAS ENTITLED TO A $100 BURIAL IN ARLINGTON NATIONAL CEMETERY, TO BE PAID FOR BY THE VETERANS' ADMINISTRATION. I EXPLAINED THIS TO THE RELATIVES AND THEY SEEMED SATISFIED TO HAVE SUCH A BURIAL FOR THEIR BROTHER.

MRS. GARU THEN INQUIRED HOW MUCH MONEY THE DECEASED LEFT HERE. * * * I THEREFORE INFORMED MRS. GARU THAT HER BROTHER LEFT $467.10 IN HIS PERSONAL AND PENSION BENEFIT ACCOUNT, AND I STATED THAT THESE FUNDS COULD NOT BE DISBURSED TO ANY RELATIVE OF THE DECEASED, HE HAVING LEFT NO DEPENDENT RELATIVE SPECIFIED BY LAW TO RECEIVE THEM. SHE SEEMED SURPRISED TO LEARN THIS, AND I TOLD HER THAT IN SEVERAL SIMILAR INSTANCES (*) SUCH FUNDS HAD BEEN USED TO PROVIDE A BETTER FUNERAL THAN THAT PROVIDED BY THE GOVERNMENT, IF THE RELATIVES WISHED IT. I TOLD HER THAT THESE FUNDS OF HER BROTHER'S $467.10, MIGHT BE USED TO DEFRAY HIS BURIAL EXPENSES IF THE RELATIVES DESIRED THEM USED IN THIS WAY. ACCORDINGLY, MRS. GARU DECIDED TO USE HER BROTHER'S FUNDS FOR THIS PURPOSE.

AS SHE LEFT THE OFFICE, I STATED TO MRS. GARU THAT THE CHIEF CLERK OF THE HOSPITAL WOULD RETURN FROM HIS VACATION THE NEXT DAY AND THAT IT WOULD BE WELL FOR HER TO COME BACK TO SEE HIM, BUT I DID NOT STRESS THIS POINT.

BASING THEIR ACTION ON THE DEFINITE UNDERSTANDING I HAD GIVEN THEM, THE RELATIVES AND THE UNDERTAKER ARRANGED FOR AND PROVIDED A FUNERAL, THE COST OF WHICH WAS TO INCLUDE THE $467.10 REFERRED TO ABOVE.

I REGRET THAT AT THE TIME OF MRS. GARU'S VISIT, I DID NOT TAKE THE MATTER UP WITH THE ASSISTANT TO THE SUPERINTENDENT, IN THE ABSENCE OF THE CHIEF CLERK, IN ORDER THAT OUR "OBLIGATION AUTHORIZATION" (SEE ATTACHED FORM), MIGHT AT ONCE HAVE BEEN PROPERLY FILLED OUT AND SIGNED. HOWEVER, IT WAS MY UNDERSTANDING THAT THE AUTHORIZATION WOULD BE PREPARED IN THE USUAL MANNER TO ACCOMPANY THE FUNERAL BILL WHEN RECEIVED FROM THE UNDERTAKER.

IT REASONABLY MAY BE INFERRED FROM THE ABOVE STATEMENT THAT THE RELATIVES OF THE DECEASED VETERAN WERE MISLED INTO THE BELIEF THAT ANY OR ALL OF THE PENSION MONEY STANDING TO THE CREDIT OF THE DECEASED VETERAN WAS AVAILABLE FOR PAYMENT OF FUNERAL EXPENSES. IN VIEW OF THE PAST PRACTICE OF AUTHORIZING THE EXPENDITURE OF A PORTION OF THE PENSION MONEY FOR THE FUNERAL EXPENSES OF DECEASED INMATES OF SAINT ELIZABETHS HOSPITAL WHEN PROPERLY AUTHORIZED, THIS OFFICE WILL NOT OBJECT TO THE USE OF THE PENSION MONEY TO THE CREDIT OF SAMUEL J. ADAMS, DECEASED, FOR PAYMENT OF HIS FUNERAL EXPENSES IN SUCH AMOUNT AS MAY BE APPROVED BY THE SECRETARY OF THE INTERIOR.

IN THE DECISION OF NOVEMBER 5, 1937, AFTER QUOTING THE APPLICABLE PARTS OF THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, AND THE REGULATIONS PROMULGATED BY THE SECRETARY OF THE INTERIOR, MAY 27, 1937, IT WAS STATED:

ALTHOUGH NEITHER THE LAW NOR THE REGULATION OF MAY 27, 1937, EXPRESSLY PROVIDES THAT PENSION MONEY OF A DECEASED INMATE SHALL BE USED FOR THE PAYMENT OF HIS BURIAL, THE PRACTICE OF SO USING A REASONABLE, LIMITED AMOUNT OF THE UNEXPENDED PORTION OF SUCH PENSION MONEY STANDING TO THE CREDIT OF THE DECEASED PENSIONER AT DATE OF DEATH, IS ONE OF LONG STANDING WHICH HAS RECEIVED THE APPROVAL OF THE ACCOUNTING OFFICE AS BEING AUTHORIZED UNDER THE ACT OF FEBRUARY 2, 1909, AND THE REGULATIONS OF THE SECRETARY OF THE INTERIOR. 16 COMP. DEC. 780, DATED JUNE 2, 1910.

THE CONCLUSION IN THE DECISION OF JUNE 2, 1910, FROM WHICH THE PRACTICE APPARENTLY AROSE OF ADMINISTRATIVELY AUTHORIZING THE OBLIGATION OF PENSION MONEY OF DECEASED INMATES FOR BURIAL PURPOSES, WAS BASED UPON THE THEN EXISTING LIMITED AVAILABILITY OF APPROPRIATED FUNDS WHICH PRECLUDED BURIAL OF SUCH DECEASED VETERAN INMATES IN MANY INSTANCES OUTSIDE THE CONFINES OF THE HOSPITAL CEMETERY, FOR IN THE SUBMISSION IN THAT CASE IT WAS REPRESENTED:

SOME OF THE PATIENTS HAVE A HORROR OF BEING BURIED IN THE HOSPITAL CEMETERY, AND VERY OFTEN MAKE SPECIFIC REQUEST THAT THEY BE BURIED IN ARLINGTON CEMETERY OR IN THEIR FAMILY PLOT AT THEIR OLD HOME, REFRAINING, AS IN THIS CASE, FROM USING THE MONEY SET ASIDE FOR THEIR BENEFIT, SO THAT IT WOULD ACCRUE AND GIVE THEM BURIAL JUST WHERE THEY WANTED IT. IT FREQUENTLY HAS HAPPENED THAT THEY HAVE REFUSED TO USE THIS MONEY, EXPRESSLY STIPULATING THAT IT SHOULD BE USED FOR BURIAL PURPOSES.

AT THE PRESENT TIME, HOWEVER, THERE NOT ONLY EXISTS AUTHORITY FOR BURIAL OF INMATES WHO ARE VETERANS OF ANY WAR IN WHICH THE UNITED STATES HAS BEEN OR MAY HEREAFTER BE ENGAGED, IN ANY NATIONAL CEMETERY, FREE OF COST, ACT OF APRIL 15, 1920, 41 STAT. 552, BUT IN ADDITION THERETO THERE IS NOW STATUTORY PROVISION FOR ALLOWANCE OF BURIAL OR FUNERAL EXPENSES OF VETERANS OF ANY WAR THROUGH THE UNITED STATES VETERANS' ADMINISTRATION UNDER SECTION 17 OF THE ACT OF MARCH 20, 1933, 48 STAT. 11, NOT EXCEEDING $107, AND UNDER THAT AUTHORITY PROVISION IS MADE AT THE PRESENT TIME FOR PAYMENT OF BURIAL AND FUNERAL EXPENSES OF A SUM NOT TO EXCEED $100. SEE VETERANS' REGULATION NO. 9, COVERING PAYMENT OF BURIAL EXPENSES OF DECEASED WAR VETERANS. THE EXECUTIVE ORDER COMPRISING THESE REGULATIONS ALSO CONFERS UPON THE ADMINISTRATOR OF VETERANS' AFFAIRS, IN HIS DISCRETION, AUTHORITY TO MAKE CONTRACTS FOR BURIAL AND FUNERAL SERVICES WITHIN THE LIMIT OF THE AMOUNT THEREIN ALLOWED, AND IT IS UNDERSTOOD THAT SUCH CONTRACTS ARE NOW IN OPERATION FOR BURIAL OF SUCH DECEASED VETERANS FROM SAINT ELIZABETHS HOSPITAL.

INASMUCH AS THE ACT OF FEBRUARY 2, 1909, PROVIDES WHERE THERE IS NO SURVIVING WIFE OR MINOR CHILDREN OF A MALE PENSIONER OR NO SURVIVING MINOR CHILDREN OF A FEMALE PENSIONER, THAT THE UNEXPENDED BALANCE OF HIS OR HER PENSION CREDIT SHALL BE APPLIED TO THE GENERAL USES OF THE HOSPITAL, WHICH WHEN SO APPLIED HAS THE NECESSARY EFFECT OF REDUCING THE APPROPRIATION REQUIRED FOR THE HOSPITAL'S OPERATION, MAINTENANCE, AND SUPPORT, AND IN THE VIEW THAT THE STATUTORY PROVISIONS FOR PAYMENT OF THE AMOUNT PRESCRIBED BY REGULATIONS OF THE VETERAN'S ADMINISTRATION ARE IN THE NATURE OF LEGISLATIVE RECOGNITION OF THE MAXIMUM AMOUNT CONTEMPLATED TO BE PAID TOWARD THE BURIAL OF SUCH DECEASED PENSIONER INMATES FROM GOVERNMENT FUNDS, BOTH SOURCES MAY NOT PROPERLY BE CONSIDERED AS OPERATIVE CUMULATIVELY SO AS TO AUTHORIZE PAYMENT FROM PENSION MONEY WHICH WOULD OTHERWISE BE APPLIED TO THE GENERAL USES OF THE HOSPITAL IN ADDITION TO THE SUM AUTHORIZED TO BE PAID THROUGH THE VETERANS' ADMINISTRATION.

THE FACTS UPON WHICH THE DECISION OF JUNE 2, 1910, WAS PREDICATED ARE NO LONGER APPLICABLE TO DECEASED PENSIONER INMATES WHO ARE VETERANS OF ANY WAR, AND THAT DECISION WILL CONSTITUTE NO AUTHORITY IN THE FUTURE FOR OBLIGATION OF PENSION MONEY OF DECEASED VETERAN INMATES OF ANY WAR WHO ARE ENTITLED TO THE BURIAL EXPENSES PROVIDED BY STATUTE UNDER THE STATUTORY REGULATIONS OF THE VETERANS' ADMINISTRATION. THE BILL OF THE UNDERTAKER AND THE CERTIFICATE OF DEATH ARE RETURNED.