B-128138, JUL. 10, 1956

B-128138, JUL. 10, 1956

TO MRS. GURTHA PORTER:

WE REFER TO A RECENT LETTER FROM TREASURY DEPARTMENT, INTERNAL REVENUE SERVICE, REGIONAL COMMISSIONER, DALLAS 2, TEXAS, TRANSMITTING A RECLAIM VOUCHER IN YOUR FAVOR, FOR $150, REPRESENTING EXPENSES INCURRED IN CONNECTION WITH THE PREPARATION AND TRANSPORTATION OF THE REMAINS OF YOUR HUSBAND, IRVIN L. PORTER, A FORMER EMPLOYEE OF THE BUREAU OF INTERNAL REVENUE, WHO DIED WHILE IN A TRAVEL STATUS AT AMARILLO, TEXAS.

IT APPEARS TO BE YOUR CONTENTION THAT YOU ARE ENTITLED TO AN ALLOWANCE OF $150 UNDER EXECUTIVE ORDER NO. 8557, AS AMENDED, FOR THE COST OF THE PREPARATION OF THE REMAINS OF THE DECEASED, IN ADDITION TO THE $150 ALLOWED BY THE VETERANS ADMINISTRATION.

BY OUR SETTLEMENT OF APRIL 9, 1956, YOU WERE ALLOWED $44.25 OF YOUR CLAIM OF $150 UNDER EXECUTIVE ORDER NO. 8557, AS AMENDED, FOR THE COST OF THE PREPARATION OF THE REMAINS OF THE DECEASED, IN ADDITION TO THE $150 ALLOWED BY THE VETERANS ADMINISTRATION.

BY OUR SETTLEMENT OF APRIL 9, 1956, YOU WERE ALLOWED $44.25 OF YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED INCIDENT TO THE PREPARATION AND SHIPMENT OF THE REMAINS OF YOUR DECEASED HUSBAND FROM AMARILLO TO FORT WORTH, TEXAS. THAT AMOUNT REPRESENTS THE DIFFERENCE BETWEEN THE AMOUNT ($194.25) ADMINISTRATIVELY APPROVED FOR PAYMENT AND $150 REPRESENTING THE BURIAL BENEFITS RECEIVED BY YOU FROM THE VETERANS ADMINISTRATION. YOUR LETTER, IN EFFECT, REQUESTS RECONSIDERATION OF THE ACTION TAKEN WITHHOLDING PAYMENT OF THE $150.

THE AUTHORITY FOR THE PAYMENT OF EXPENSES INCIDENT TO THE PREPARATION AND TRANSPORTATION OF THE REMAINS OF DECEASED EMPLOYEES OF THE UNITED STATES IS SPECIFICALLY PROVIDED IN SECTION 1 OF THE ACT OF JULY 8, 1940, 54 STAT. 743, AND THE PRESIDENT'S REGULATIONS ISSUED PURSUANT THERETO (EXECUTIVE ORDER NO. 8557, DATED SEPTEMBER 30, 1940, AS AMENDED). SECTION 1 OF THAT ACT PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"THAT IN CASE ANY CIVILIAN OFFICER OR EMPLOYEE OF THE UNITED STATES DIES (1) WHILE IN A TRAVEL STATUS AWAY FROM HIS OFFICIAL STATION IN THE UNITED STATES OR (2) WHILE PERFORMING OFFICIAL DUTIES IN A TERRITORY OR POSSESSION OF THE UNITED STATES OR IN A FOREIGN COUNTRY OR IN TRANSIT THERETO OR THEREFROM, THE HEAD OF THE DEPARTMENT, INDEPENDENT ESTABLISHMENT, AGENCY, OR FEDERALLY OWNED OR CONTROLLED CORPORATION, HEREINAFTER CALLED DEPARTMENT, IN THE SERVICE OF WHICH SUCH OFFICER OR EMPLOYEE WAS ENGAGED, IS HEREBY AUTHORIZED, UNDER REGULATIONS TO BE PRESCRIBED BY THE PRESIDENT AND EXCEPT AS OTHERWISE PROVIDED BY LAW, TO PAY FROM THE APPROPRIATION AVAILABLE FOR THE ACTIVITY IN WHICH HE WAS ENGAGED--- "

THE INTENT OF THE UNDERLINED WORDS OF THE STATUTE PROHIBITS PAYMENTS THEREUNDER FOR ITEMS WHICH ARE REIMBURSABLE UNDER ANY OTHER STATUTE. OTHER WORDS THE MAXIMUM ALLOWABLE UNDER THIS STATUTE AND THE PRESIDENT'S REGULATIONS ISSUED UNDER AUTHORITY OF THE STATUTE MUST BE REDUCED BY THE AMOUNT PAYABLE UNDER ANY OTHER STATUTE FOR THE SAME ITEMS, EXCEPT THAT THE PRESIDENT HAS PROVIDED IN THE PROVISO TO SECTION 17 OF THE EXECUTIVE ORDER THAT ELIGIBILITY FOR BURIAL BENEFITS ON ACCOUNT OF SERVICES RENDERED IN THE ARMED FORCES OF THE UNITED STATES SHALL NOT DEPRIVE ANY PERSON OF ANY PAYMENT UNDER THIS STATUTE. HENCE, THE ESTATE OF A VETERAN MAY ELECT TO RECEIVE PAYMENT FOR BURIAL BENEFITS FOR A VETERAN UNDER THE VETERANS' LAWS AND REGULATIONS, BUT ANY SUCH PAYMENT MUST BE DEDUCTED FROM THE TOTAL AUTHORIZED TO BE PAID UNDER THIS STATUTE AND EXECUTIVE ORDER FOR THE SAME ITEMS. ACCORDINGLY, SINCE YOU HAVE RECEIVED PAYMENT OF $150 FOR BURIAL BENEFITS IN THIS CASE INCIDENT TO THE DEATH OF MR. PORTER UNDER THE VETERANS' LAWS AND REGULATIONS, THAT AMOUNT PROPERLY WAS DEDUCTED FROM THE AMOUNT OTHERWISE ALLOWABLE TO YOU UNDER THE PROVISIONS OF THE 1940 ACT.

YOU MAY BE ADVISED THAT IN ADDITION TO THE $150 ALLOWED BY THE VETERANS ADMINISTRATION AND THE $44.25 ALLOWED BY OFFICE SETTLEMENT OF APRIL 9, 1956, THERE WOULD BE FOR CONSIDERATION CERTAIN OTHER EXPENSES IF INCURRED AND ITEMIZED ON THE UNDERTAKER'S BILL, SUCH AS COSTS OF REMOVAL OF THE REMAINS FROM THE PLACE WHERE DEATH OCCURRED TO AN UNDERTAKING ESTABLISHMENT, PROCUREMENT OF BURIAL AND SHIPPING PERMITS, REMOVAL TO A COMMON CARRIER AND ONE REMOVAL AT THE PLACE OF INTERNMENT FROM THE COMMON CARRIER TO AN UNDERTAKING ESTABLISHMENT OR OTHER PLACE OF IMMEDIATE DELIVERY. IF YOU CAN PRODUCE AN ITEMIZED RECEIPT FROM THE UNDERTAKER SHOWING THAT SUCH ADDITIONAL EXPENSES HAVE BEEN INCURRED AND THE AMOUNTS, FURTHER CONSIDERATION WILL BE GIVEN YOUR CLAIM.