B-104471, MAR. 21, 1956

B-104471: Mar 21, 1956

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LEATHA THOMPSON: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28. THE RECORD DISCLOSES THAT YOUR HUSBAND WAS PAID THE SUM OF $4. WAS BARRED FROM CONSIDERATION BECAUSE OF THE PROVISIONS OF THE ACT OF OCTOBER 9.

B-104471, MAR. 21, 1956

TO MRS. LEATHA THOMPSON:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28, 1956, REGARDING UNPAID COMPENSATION ALLEGED TO BE DUE YOUR HUSBAND FRANK THOMPSON, NOW DECEASED, AS A FORMER CUSTOMS INSPECTOR, BUREAU OF CUSTOMS, TREASURY DEPARTMENT, SAN YSIDRO, CALIFORNIA.

THE RECORD DISCLOSES THAT YOUR HUSBAND WAS PAID THE SUM OF $4,172.68 LESS $751.08 WITHHOLDING TAX, OR A NET AMOUNT OF $3,421.60, AS ADDITIONAL COMPENSATION PURSUANT TO THE ACT OF FEBRUARY 13, 1911, AS AMENDED, 19 U.S.C. 261, 267, FOR THE PERIOD DECEMBER 28, 1937, TO JULY 5, 1945. THE PERIOD PRIOR TO DECEMBER 28, 1937, WAS BARRED FROM CONSIDERATION BECAUSE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, WHICH PROHIBIT CONSIDERATION BY OUR OFFICE OF CLAIMS NOT PRESENTED HERE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM ACCRUES.

LEGISLATION HAS BEEN INTRODUCED IN THE CONGRESS FROM TIME TO TIME TO GRANT THE UNITED STATES COURT OF CLAIMS JURISDICTION TO HEAR, DETERMINE, AND RENDER JUDGMENT UPON CLAIMS OF CUSTOMS OFFICERS AND EMPLOYEES TO EXTRA COMPENSATION FOR SUNDAY, HOLIDAY, AND OVERTIME SERVICE PERFORMED AFTER AUGUST 31, 1931, NOTWITHSTANDING ANY STATUTE OF LIMITATION. HOWEVER, UP TO THE PRESENT TIME NO SUCH LEGISLATION HAS BEEN ENACTED.

IN CONNECTION WITH YOUR REFERENCE TO THE DECISION RENDERED BY THE UNITED STATES COURT OF CLAIMS ON JULY 12, 1955, IN THE CASE OF ALFRED C. BERGH, ET AL. V. UNITED STATES, C.CLS. NO. 269-52, YOU ARE INFORMED THAT THIS CASE INVOLVES A MATTER OF HOLIDAY PAY FOR PER DIEM EMPLOYEES OF THE ..END