B-151263, OCT 23, 1963
Highlights
DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO THE INDEBTEDNESS OF SECOND LIEUTENANT ALBERT A. INFORMATION OBTAINED BY OUR DEFENSE ACCOUNTING AND AUDITING DIVISION INDICATES THAT LIEUTENANT MASTON'S INDEBTEDNESS WAS ESTABLISHED BY YOUR OFFICE AND THAT. YOU HAVE DEDUCTED THE AMOUNT OF $25.81 FROM HIS MONTHLY RETIRED PAY IN PARTIAL LIQUIDATION OF SUCH INDEBTEDNESS. THE MATTER OF HIS INDEBTEDNESS WAS REPORTED TO THE CLAIMS DIVISION OF OUR OFFICE UNDER ESTABLISHED PROCEDURES AND WAS RECEIVED HERE ON AUGUST 27. THE EFFECT OF THE 1954 ACT WAS TO WAIVE SUCH INDEBTEDNESS. IN VIEW OF THE FACT THAT LIEUTENANT MASTON'S INDEBTEDNESS WAS WAIVED BY OPERATION OF LAW UPON ENACTMENT OF THE ACT OF AUGUST 28.
B-151263, OCT 23, 1963
PRECIS-UNAVAILABLE
THE COMMANDING OFFICER, RETIRED PAY DIVISION; DEPARTMENT OF THE ARMY:
REFERENCE IS MADE TO THE INDEBTEDNESS OF SECOND LIEUTENANT ALBERT A. MASTON, ARMY OF THE UNITED STATES, RETIRED, 01641548, BASED ON THE RECEIPT OF MILITARY RETIRED PAY AND SALARY AS A CIVILIAN EMPLOYEE OF THE FEDERAL GOVERNMENT IN A COMBINED AMOUNT EXCEEDING THE MAXIMUM PERMITTED IN SECTION 212 OF THE ACT OF JUNE 30, 1932, CH. 314, 47 STAT. 406, AS AMENDED, 5 U.S.C. 59A, FOR THE PERIOD PRIOR TO JULY 1, 1947. INFORMATION OBTAINED BY OUR DEFENSE ACCOUNTING AND AUDITING DIVISION INDICATES THAT LIEUTENANT MASTON'S INDEBTEDNESS WAS ESTABLISHED BY YOUR OFFICE AND THAT, BEGINNING NOVEMBER 1, 1961, YOU HAVE DEDUCTED THE AMOUNT OF $25.81 FROM HIS MONTHLY RETIRED PAY IN PARTIAL LIQUIDATION OF SUCH INDEBTEDNESS. THE MATTER OF HIS INDEBTEDNESS WAS REPORTED TO THE CLAIMS DIVISION OF OUR OFFICE UNDER ESTABLISHED PROCEDURES AND WAS RECEIVED HERE ON AUGUST 27, 1962.
THE ACT OF AUGUST 28, 1954, CH. 1035, 68 STAT. 890, 31 U.S.C. 237A PROVIDES AS FOLLOWS:
"THE UNITED STATES WAIVES ALL CLAIMS AGAINST ANY PERSON ARISING OUT OF THE RECEIPT BY SUCH PERSON OF COMPENSATION FROM THE UNITED STATES INCLUDING GOVERNMENT OWNED OR CONTROLLED CORPORATIONS OR FROM THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IN VIOLATION OF ANY PROVISION OF LAW PROHIBITING OR RESTRICTING THE RECEIPT OF DUAL COMPENSATION, WHICH HAS NOT BEEN REPORTED TO THE GENERAL ACCOUNTING OFFICE FOR COLLECTION WITHIN SIX YEARS FROM THE LAST DATE OF ANY PERIOD OF DUAL COMPENSATION."
SINCE THE INDEBTEDNESS IN QUESTION HAD NOT BEEN REPORTED TO OUR OFFICE WITHIN 6 YEARS AFTER JUNE 30, 1947, THE EFFECT OF THE 1954 ACT WAS TO WAIVE SUCH INDEBTEDNESS. IN VIEW OF THE FACT THAT LIEUTENANT MASTON'S INDEBTEDNESS WAS WAIVED BY OPERATION OF LAW UPON ENACTMENT OF THE ACT OF AUGUST 28, 1954, NO AMOUNTS SHOULD HAVE BEEN WITHHELD FROM HIS RETIRED PAY ON ACCOUNT OF THAT INDEBTEDNESS. IT IS SUGGESTED, THEREFORE, THAT YOUR OFFICE TAKE THE NECESSARY STEPS TOWARD EFFECTING A REFUND TO LIEUTENANT MASTON OF THE AMOUNTS ERRONEOUSLY COLLECTED.