JULY 21, 1921, 1 COMP. GEN. 25
Highlights
IS A SUBSTITUTION DURING THE PERIOD OF TRAINING FOR WAR RISK COMPENSATION WHICH WOULD OTHERWISE BE PAYABLE. 1921: I HAVE YOUR LETTER OF JULY 9. THE QUESTION IS RAISED BY THE CASE OF ONE DEWEY H. HE WAS PAID BY THE BUREAU OF PENSIONS A PENSION AT THE RATE OF $10 PER MONTH FOR THE PERIOD DECEMBER 19. I ASSUME THAT SPANGLER WAS ONE OF THOSE SOLDIERS WHO WERE DISCHARGED FROM THE MILITARY SERVICE BETWEEN APRIL 6. WHO THEREFORE WERE NOT ENTITLED TO THE COMPENSATION BENEFIT PROVIDED BY SECTIONS 301 AND 302 OF THE WAR RISK INSURANCE ACT OF OCTOBER 6. AS THE LAW WAS ORIGINALLY ENACTED. WAS GIVEN THOSE BENEFITS BY THE AMENDMENT TO THE SAID SECTIONS MADE BY SEC. 10A AND SUBSECTION (10) OF SEC. 11 OF THE ACT OF DECEMBER 24.
JULY 21, 1921, 1 COMP. GEN. 25
PENSIONS AND TRAINING ALLOWANCE UNDER VOCATIONAL REHABILITATION ACT ALLOWANCE FOR TRAINING AUTHORIZED BY THE VOCATIONAL REHABILITATION ACT AS AMENDED BY THE ACT OF JULY 11, 1919, 41 STAT., 158, IS A SUBSTITUTION DURING THE PERIOD OF TRAINING FOR WAR RISK COMPENSATION WHICH WOULD OTHERWISE BE PAYABLE, AND THEREFORE STANDS UPON THE SAME FOOTING IN ITS RELATION TO RECEIPT OF A PENSION AS THE WAR RISK COMPENSATION. AS THE GENERAL POLICY OF THE LAW RELATING TO PENSIONS AND WAR RISK COMPENSATION PROHIBITS RECEIPT BY ONE AND THE SAME PERSON OF BOTH PENSION AND WAR RISK COMPENSATION, A PENSION UNDER LAWS ADMINISTERED BY THE BUREAU OF PENSIONS AND SUPPORT AND SUBSISTENCE ALLOWANCE WHILE TRAINING UNDER VOCATIONAL REHABILITATION ACT MAY NOT LAWFULLY BE PAID TO AND RETAINED BY ONE AND THE SAME PERSON FOR THE SAME PERIOD OF TIME.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JULY 21, 1921:
I HAVE YOUR LETTER OF JULY 9, 1921, SUBMITTING FOR DECISION THE QUESTION WHETHER A PENSION UNDER LAWS ADMINISTERED BY THE BUREAU OF PENSIONS, AND SUPPORT AND MAINTENANCE ALLOWANCE UNDER THE VOCATIONAL REHABILITATION ACT ADMINISTERED BY THE FEDERAL BOARD FOR VOCATIONAL EDUCATION, MAY LAWFULLY BE PAID TO AND RETAINED BY ONE AND THE SAME PERSON FOR THE SAME PERIOD OF TIME.
THE QUESTION IS RAISED BY THE CASE OF ONE DEWEY H. SPANGLER, WHO HAS BEEN PAID COMPENSATION BY THE BUREAU OF WAR RISK INSURANCE FOR THE PERIOD DECEMBER 19, 1917, TO JULY 25, 1920, AND HAS RECEIVED SUPPORT AND MAINTENANCE ALLOWANCE FROM THE FEDERAL BOARD FOR VOCATIONAL EDUCATION SINCE JULY 26, 1920. HE WAS PAID BY THE BUREAU OF PENSIONS A PENSION AT THE RATE OF $10 PER MONTH FOR THE PERIOD DECEMBER 19, 1917, TO DECEMBER 4, 1920, THE SAID PAYMENTS AGGREGATING $355.
I ASSUME THAT SPANGLER WAS ONE OF THOSE SOLDIERS WHO WERE DISCHARGED FROM THE MILITARY SERVICE BETWEEN APRIL 6, 1917, AND OCTOBER 6, 1917, AND WHO THEREFORE WERE NOT ENTITLED TO THE COMPENSATION BENEFIT PROVIDED BY SECTIONS 301 AND 302 OF THE WAR RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT., 405, AS THE LAW WAS ORIGINALLY ENACTED, BUT WAS GIVEN THOSE BENEFITS BY THE AMENDMENT TO THE SAID SECTIONS MADE BY SEC. 10A AND SUBSECTION (10) OF SEC. 11 OF THE ACT OF DECEMBER 24, 1919, 41 STAT., 373, 374, WHICH PROVIDE THAT SECTIONS 300 AND 302 AS AMENDED THEREIN SHALL BE DEEMED TO BE IN EFFECT AS OF APRIL 6, 1917.
THE COMPENSATION AWARDED TO THIS EX-SERVICE MAN BY THE BUREAU OF WAR RISK INSURANCE WAS SUBJECT TO DEDUCTION OF THE PENSION PAYMENTS WHICH HAD BEEN MADE TO HIM. 27 COMP. DEC., 547, 863. THE VOCATIONAL REHABILITATION ACT OF JUNE 27, 1918, AS AMENDED BY THE ACT OF JULY 11, 1919, 41 STAT., 158, SUBSTITUTES, DURING THE PERIOD OF VOCATIONAL REHABILITATION, THE ALLOWANCE FOR VOCATIONAL TRAINEES PROVIDED BY THAT ACT FOR THE WAR RISK COMPENSATION PROVIDED BY THE WAR RISK INSURANCE ACT WHICH THEY WOULD OTHERWISE BE ENTITLED TO RECEIVE. SUCH ALLOWANCE IS SUBJECT TO DEDUCTION OF ANY OVERPAYMENT OF WAR RISK COMPENSATION WHICH MAY HAVE BEEN MADE TO THE TRAINEE BY THE BUREAU OF WAR RISK INSURANCE 27 COMP. DEC., 212. THE TRAINEE ALLOWANCE STANDS UPON THE SAME FOOTING IN ITS RELATION TO RECEIPT OF A PENSION FOR THE SAME PERIOD OF TIME AS THE WAR RISK COMPENSATION FOR WHICH IT IS TEMPORARILY SUBSTITUTED.
THERE IS NO SPECIFIC PROVISION IN THE VOCATIONAL REHABILITATION ACT THAT A TRAINEE SHALL SURRENDER HIS PENSION WHILE HE IS RECEIVING THE ALLOWANCE OF TRAINEE, AS WAR RISK COMPENSATION BENEFICIARIES ARE REQUIRED TO DO, BUT TRAINEES ARE PROHIBITED FROM RECEIVING WAR RISK COMPENSATION EXCEPT AS PROVIDED IN THEIR LAW, AND THE INTENTION THAT THE TRAINEE ALLOWANCE SHALL BE SUBSTITUTED FOR ANY AND ALL OTHER FORMS OF PENSION OR COMPENSATION DURING THE PERIOD OF TRAINING IS CLEAR.
THE GENERAL POLICY OF THE LAWS RELATING TO PENSIONS AND WAR RISK COMPENSATION PROHIBITS RECEIPT BY ONE AND THE SAME PERSON OF BOTH PENSION AND WAR RISK COMPENSATION. 27 COMP. DEC., 863, 866. THIS POLICY MUST BE TAKEN TO APPLY TO AND PROHIBIT RECEIPT OF A TRAINEE'S ALLOWANCE, WHICH IS A FORM OF TEMPORARY WAR RISK COMPENSATION, RUNNING CONCURRENTLY WITH ANY FORM OF PENSION OR WAR RISK COMPENSATION NOT SPECIFICALLY AUTHORIZED BY LAW.
HAVING BEEN PAID A PENSION RUNNING CONCURRENTLY, FIRST WITH WAR RISK COMPENSATION AND LATER WITH HIS TRAINEE'S ALLOWANCE, MR. SPANGLER HAS BEEN OVERPAID WAR RISK COMPENSATION OR WAR RISK COMPENSATION AND TRAINEE'S ALLOWANCE TO THE AMOUNT OF $355, THE AGGREGATE OF PENSION PAYMENTS MADE TO HIM BY THE BUREAU OF PENSIONS. HIS ALLOWANCE AS TRAINEE OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION IS ACCORDINGLY SUBJECT TO DEDUCTION OF THE AMOUNT OF THIS OVERPAYMENT.
THIS DECISION RELATES TO A PAYMENT TO BE MADE UNDER THE FEDERAL BOARD FOR VOCATIONAL EDUCATION, AND IN STRICTNESS SHOULD NOT BE RENDERED EXCEPT UPON REQUEST BY THAT BOARD. HOWEVER, THE MATTER WAS PRESENTED TO THE BOARD BY THE BUREAU OF PENSIONS, AND IT IS UPON THE BOARD'S SUGGESTION THAT THE QUESTION RAISED BE SUBMITTED TO THE COMPTROLLER OF THE TREASURY FOR DECISION THAT YOUR SUBMISSION IS BASED. THE ONLY CONDITION TO SUCH SUBMISSION STIPULATED BY THE BOARD IS THAT THE BRIEF PREPARED BY ITS LEGAL ADVISER SHOULD ACCOMPANY THE SUBMISSION. THE BRIEF IS ATTACHED THERETO, AND THE SUBMISSION ACCORDINGLY IS TREATED AS COMING INDIRECTLY FROM THE BOARD AS WELL AS FROM THE SECRETARY OF THE INTERIOR.