B-125391, MAY 9, 1956
Highlights
THE CHECK WAS ISSUED AS A REFUND OF CIVIL SERVICE RETIREMENT DEDUCTIONS MADE FROM YOUR PAY WHILE YOU WERE EMPLOYED BY THE GOVERNMENT AND MAILED TO YOU AT YOUR ADDRESS OF RECORD. THE CHECK WAS NEGOTIATED BY SOMEONE IN DUE COURSE. WAS PAID BY THE TREASURER OF THE UNITED STATES. SUBSEQUENTLY WAS DESTROYED PURSUANT TO LAW. WAS NOT INTENDED AS CARRYING ANY IMPLICATION THAT YOU DELIBERATELY WERE FILING A CLAIM FOR AN AMOUNT KNOWN BY YOU TO HAVE BEEN ALREADY RECEIVED. IT HAS BEEN THE EXPERIENCE OF OUR OFFICE AND OF THE CIVIL SERVICE COMMISSION IN THOUSANDS OF CASES SIMILAR TO YOURS WHERE CLAIM IS MADE BEFORE THE CHECK HAS BEEN DESTROYED THAT FORMER EMPLOYEES SIMPLY HAVE FORGOTTEN RECEIPT OF THEIR REFUND CHECKS AND UPON EXAMINATION OF THE ENDORSEMENT ON THE PAID CHECK.
B-125391, MAY 9, 1956
TO MRS. CAROLINE ZWALD:
YOUR RECENT LETTER (WITH ENCLOSURE) ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 19,408,675, FOR $257.18, DRAWN TO YOUR ORDER ON JANUARY 8, 1946, HAS BEEN FORWARDED HERE FOR REPLY.
AS POINTED OUT IN OUR LETTER OF MARCH 16, 1956, B-125391, TO YOU, THE CHECK WAS ISSUED AS A REFUND OF CIVIL SERVICE RETIREMENT DEDUCTIONS MADE FROM YOUR PAY WHILE YOU WERE EMPLOYED BY THE GOVERNMENT AND MAILED TO YOU AT YOUR ADDRESS OF RECORD. THE CHECK WAS NEGOTIATED BY SOMEONE IN DUE COURSE, WAS PAID BY THE TREASURER OF THE UNITED STATES, AND SUBSEQUENTLY WAS DESTROYED PURSUANT TO LAW.
WE WISH TO ADVISE YOU THAT OUR LETTER OF MARCH 16, 1956, WAS NOT INTENDED AS CARRYING ANY IMPLICATION THAT YOU DELIBERATELY WERE FILING A CLAIM FOR AN AMOUNT KNOWN BY YOU TO HAVE BEEN ALREADY RECEIVED. ON THE CONTRARY, IT HAS BEEN THE EXPERIENCE OF OUR OFFICE AND OF THE CIVIL SERVICE COMMISSION IN THOUSANDS OF CASES SIMILAR TO YOURS WHERE CLAIM IS MADE BEFORE THE CHECK HAS BEEN DESTROYED THAT FORMER EMPLOYEES SIMPLY HAVE FORGOTTEN RECEIPT OF THEIR REFUND CHECKS AND UPON EXAMINATION OF THE ENDORSEMENT ON THE PAID CHECK, READILY ACKNOWLEDGE THAT PROPER PAYMENT HAS BEEN MADE. HAD THE CHECK IN YOUR CASE NOT BEEN DESTROYED ACCORDING TO LAW WE FEEL THAT AN EXAMINATION OF THE ENDORSEMENT THEREON WOULD HAVE DISCLOSED THAT IT HAD BEEN RECEIVED AND NEGOTIATED BY YOU.
HOWEVER, EVEN IF THE CHECK, WHICH THE RECORDS SHOW WAS ISSUED, HAD BEEN RECEIVED, FORGED AND NEGOTIATED BY A PERSON NOT ENTITLED, WE COULD NOT NOW, BECAUSE OF THE STATUTE QUOTED IN OUR LETTER OF MARCH 16, 1956, AUTHORIZE THE ISSUANCE OF A DUPLICATE CHECK.
WHILE WE REGRET THAT WE CANNOT DIRECT PAYMENT OF THE AMOUNT NOW CLAIMED, IT IS HOPED THAT OUR LETTER WILL ENABLE YOU TO BETTER UNDERSTAND THE REASONS WHY YOUR CLAIM MUST BE DENIED.
OUR LETTER OF MARCH 16, 1956, TRANSMITTED WITH YOURS TO THE PRESIDENT, IS RETURNED HEREWITH.