B-148685, MAY 2, 1962
Highlights
WHICH EMPLOYMENT WAS TERMINATED ON JUNE 30. UNDER THE CIRCUMSTANCES OF THIS PARTICULAR CASE WE ARE NOT REQUESTING THAT YOU SEND US THE CLAIMANT'S ORIGINAL CLAIM BEARING HIS SIGNATURE. SECTION 2 OF THE ACT PROVIDES THAT A CLAIM RECEIVED IN THE GENERAL ACCOUNTING OFFICE WHICH IS BARRED BY SECTION 1 SHALL BE RETURNED TO THE CLAIMANT WITH A COPY OF THE ACT AND THAT SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. IF WE ARE TO DISPOSE OF BARRED CLAIMS IN THE MANNER PRESCRIBED BY SAID SECTION 2. WE SHOULD HAVE THE ORIGINAL CLAIM. IN THOSE CASES IN WHICH THE LIMITATION PERIOD IS ABOUT TO EXPIRE AND IN THOSE INVOLVING CONTINUING CLAIMS AGAINST WHICH THE LIMITATION HAS BEGUN TO RUN.
B-148685, MAY 2, 1962
TO ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:
WE TRANSMIT FOR YOUR INFORMATION A COPY OF OUR LETTER OF TODAY TO THE HONORABLE GEORGE GRANT, HOUSE OF REPRESENTATIVES, CONCERNING THE CLAIM OF MR. CECIL C. SPEAR FOR PAYMENT FOR ANNUAL LEAVE ACCUMULATED DURING EMPLOYMENT BY THE WORKS PROGRESS ADMINISTRATION (WORK PROJECTS ADMINISTRATION), WHICH EMPLOYMENT WAS TERMINATED ON JUNE 30, 1942. YOU REFERRED A COPY OF THE CLAIM TO US ON APRIL 17, 1962, TOGETHER WITH A REPORT THEREON, PURSUANT TO THE PROVISIONS OF 4 GAO 2015.10 (4) REGARDING CLAIMS WHICH APPEAR TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS.
UNDER THE CIRCUMSTANCES OF THIS PARTICULAR CASE WE ARE NOT REQUESTING THAT YOU SEND US THE CLAIMANT'S ORIGINAL CLAIM BEARING HIS SIGNATURE. HOWEVER, FOR YOUR GUIDANCE IN FUTURE CASES WE DEEM IT APPROPRIATE TO DIRECT YOUR ATTENTION TO THE PROVISIONS OF SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, WHICH REQUIRES THAT A CLAIM "BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY" MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED, IN ORDER TO BE ELIGIBLE FOR CONSIDERATION. SECTION 2 OF THE ACT PROVIDES THAT A CLAIM RECEIVED IN THE GENERAL ACCOUNTING OFFICE WHICH IS BARRED BY SECTION 1 SHALL BE RETURNED TO THE CLAIMANT WITH A COPY OF THE ACT AND THAT SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION. IF WE ARE TO DISPOSE OF BARRED CLAIMS IN THE MANNER PRESCRIBED BY SAID SECTION 2, WE SHOULD HAVE THE ORIGINAL CLAIM.
IN THOSE CASES IN WHICH THE LIMITATION PERIOD IS ABOUT TO EXPIRE AND IN THOSE INVOLVING CONTINUING CLAIMS AGAINST WHICH THE LIMITATION HAS BEGUN TO RUN, IT IS PARTICULARLY IMPORTANT FOR THE PROTECTION OF THE INTERESTS OF THE CLAIMANT THAT THE ORIGINAL CLAIM BEARING THE SIGNATURE OF THE CLAIMANT OR OF HIS AUTHORIZED AGENT OR ATTORNEY BE PROMPTLY FORWARDED HERE IMMEDIATELY UPON RECEIPT IN THE ADMINISTRATIVE AGENCY. SEE 4 GAO 2020.10, 2020.20, AND 2025.10.