B-126910, FEB. 14, 1956

B-126910, FEB. 14, 1956

TO MRS. OLIVE F. M. BEAUMONT:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1956, ADDRESSED TO HONORABLE LEE METCALF, HOUSE OF REPRESENTATIVES, RELATIVE TO GENERAL ACCOUNTING OFFICE SETTLEMENT DATED AUGUST 18, 1953, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT CHECK NO. 38,437,238, FOR $172.28, DRAWN TO YOUR ORDER APRIL 18, 1946, BY E. J. BRENNAN, SYMBOL 200, UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761.

IN YOUR LETTER, YOU STATE THAT WHEN YOUR GOVERNMENT SERVICE WAS TERMINATED YOU WERE NOT AWARE THAT YOU WERE ENTITLED TO A REFUND OF THE RETIREMENT MONEY DEDUCTED FROM YOUR SALARY AT THE TIME; THAT, TO THE BEST OF YOUR RECOLLECTION, YOU DID NOT RECEIVE AND NEGOTIATE THE CHECK.

OUR OFFICE IS INFORMED BY THE UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON 25, D.C., THAT UNDER DATE OF NOVEMBER 7, 1945, A WRITTEN APPLICATION WAS FILED WITH THE COMMISSION FOR THE REFUND IN QUESTION. OCTOBER 30, 1952, A DUPLICATE APPLICATION WAS RECEIVED FROM YOU FOR THE REFUND WHICH, AFTER EXAMINATION AND COMPARISON, APPEARS TO BE IN THE SAME HANDWRITING AS THE ORIGINAL APPLICATION. HENCE, IT IS REASONABLE TO ASSUME THAT THE SUBJECT CHECK WAS ISSUED PURSUANT TO AN APPLICATION MADE BY YOU BUT THAT YOU POSSIBLY HAVE FORGOTTEN THE TRANSACTION IN VIEW OF THE TIME WHICH ELAPSED BETWEEN THE FIRST AND SECOND APPLICATION.

CONCERNING YOUR STATEMENT THAT YOUR PLACE OF RESIDENCE ON THE DATE OF NEGOTIATION OF THE CHECK HAD BUT ONE BANK--- THE FIRST STATE BANK OF THOMPSON FALLS, MONTANA--- WHERE YOU CONDUCTED YOUR BANKING BUSINESS, YOU ARE INFORMED THAT THE SECOND ENDORSER OF THE CHECK, WHICH APPEARS TO HAVE BEEN NEGOTIATED BY YOU, IS IN FACT THE FIRST STATE BANK OF THOMPSON FALLS, GLENN M. LARSON, CASHIER. HOWEVER, UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, WHICH WAS REFERRED TO IN THE DISALLOWANCE OF YOUR CLAIM, ALL CLAIMS ON ACCOUNT OF ANY CHECK APPEARING TO HAVE BEEN PAID ARE BARRED IF NOT PRESENTED TO OUR OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. YOUR CLAIM WHEN RECEIVED HERE ON FEBRUARY 6, 1953, WAS OVER SIX YEARS OLD AND, ACCORDINGLY, UNDER THE STATUTE, CONSIDERATION THEREOF IS PRECLUDED BY OUR OFFICE.

IN THE LIGHT OF THE FOREGOING, THE ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM WAS CORRECT AND MUST BE AND IS SUSTAINED.

WHILE CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY OUR OFFICE, THERE IS ENCLOSED, FOR YOUR INFORMATION, A PHOTOSTATIC COPY OF CHECK NO. 38,437,238, WHICH, AFTER EXAMINATION OF THE ENDORSEMENT, SHOULD BE RETURNED AS PROMPTLY AS POSSIBLE TO OUR OFFICE.