B-132253, JUL. 25, 1957

B-132253: Jul 25, 1957

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SUCH CLAIM WAS REJECTED BECAUSE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN 6 YEARS FROM THE DATE OF ISSUANCE OF THE CHECK AND IS BARRED BY SECTION 2 OF THE ACT OF CONGRESS APPROVED JUNE 22. AS YOU PREVIOUSLY WERE ADVISED. THE ACT OF CONGRESS REFERRED TO IS BINDING UPON US AND WE HAVE NO ALTERNATIVE BUT AGAIN TO DENY YOUR CLAIM FOR THE PROCEEDS OF THE CHECK SINCE OUR RECORDS SHOW THE CHECK WAS PAID AND NO CLAIM FOR ITS AMOUNT WAS RECEIVED IN OUR OFFICE WITHIN 6 YEARS OF THE DATE OF ITS ISSUANCE. AS YOU WERE ADVISED PREVIOUSLY. THE PAID CHECK WAS DESTROYED PURSUANT TO LAW AND A PHOTOSTATIC COPY OF THE ENDORSEMENTS THEREON CANNOT BE FURNISHED YOU. AS TO YOUR STATEMENT THAT YOU REASONABLY COULD NOT HAVE BEEN EXPECTED TO MAKE A CLAIM FOR SOMETHING YOU DID NOT EXPECT TO RECEIVE.

B-132253, JUL. 25, 1957

TO MISS FLORENCE BARNETT:

IN YOUR LETTER OF JULY 8, 1957, YOU AGAIN REQUEST A REVIEW OF SETTLEMENT DATED MAY 27, 1957, WHICH REJECTED YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 42063677 FOR $270.13. SUCH CLAIM WAS REJECTED BECAUSE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN 6 YEARS FROM THE DATE OF ISSUANCE OF THE CHECK AND IS BARRED BY SECTION 2 OF THE ACT OF CONGRESS APPROVED JUNE 22, 1926, 44 STAT. 761.

AS YOU PREVIOUSLY WERE ADVISED, THE ACT OF CONGRESS REFERRED TO IS BINDING UPON US AND WE HAVE NO ALTERNATIVE BUT AGAIN TO DENY YOUR CLAIM FOR THE PROCEEDS OF THE CHECK SINCE OUR RECORDS SHOW THE CHECK WAS PAID AND NO CLAIM FOR ITS AMOUNT WAS RECEIVED IN OUR OFFICE WITHIN 6 YEARS OF THE DATE OF ITS ISSUANCE. ALSO, AS YOU WERE ADVISED PREVIOUSLY, THE PAID CHECK WAS DESTROYED PURSUANT TO LAW AND A PHOTOSTATIC COPY OF THE ENDORSEMENTS THEREON CANNOT BE FURNISHED YOU.

AS TO YOUR STATEMENT THAT YOU REASONABLY COULD NOT HAVE BEEN EXPECTED TO MAKE A CLAIM FOR SOMETHING YOU DID NOT EXPECT TO RECEIVE, IT IS UNDERSTOOD SUCH RETIREMENT REFUND CHECKS ARE ISSUED ONLY UPON APPLICATION OF THE PERSON ENTITLED. SINCE THE CHECK WAS ISSUED, PRESUMABLY YOU APPLIED FOR ITS AMOUNT, AND IF YOU DID NOT RECEIVE THE REFUND WITHIN A REASONABLE TIME YOU COULD AND SHOULD HAVE MADE A CLAIM THEREFOR. ALSO, YOU ARE ADVISED THAT WHILE THE ACT OF JUNE 22, 1926, BARS CLAIMS FOR CHECKS APPEARING TO HAVE BEEN PAID IF CLAIM THEREFOR IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 6 YEARS OF THE DATE OF ISSUANCE, THERE IS NO STATUTE BARRING CLAIMS OF THE UNITED STATES APPLICABLE HERE WHICH WOULD PRECLUDE THE CIVIL SERVICE COMMISSION RECOVERING AMOUNTS IMPROPERLY PAID TO YOU.

WE TRUST THAT WHAT IS SAID ABOVE, IN ADDITION TO THE INFORMATION PREVIOUSLY FURNISHED TO YOU, WILL ADEQUATELY EXPLAIN OUR POSITION IN THE MATTER AND FURTHER CORRESPONDENCE IN THE MATTER WOULD APPEAR TO SERVE NO USEFUL PURPOSE.

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