EXCHANGE-Continued. Foreign-Continued.
Loss relief-Continued.
ment of pay-exchange loss is not pay. able on contributions to Civil Service Retirement Fund, allotments for pur- chase of war savings bonds, amounts deducted for victory tax or withholding tax nor on salary deductions requested or permitted by an employee as meas- ure of aid to him in facilitating pay- ment of taxes....
Old or used equipment, etc. See Contracts, exchanges, old or used equipment, etc. FAMILY ALLOTMENT AND AL-
Advancement above grade for which author- ized-payment of quarters allowance for dependents pending termination of family allowance-in case of enlisted man, with dependents, promoted from fourth pay grade to third, payment, concurrently, of money allowance for quarters for depend- ents authorized by sec. 10, Pay Readjust- ment Act of 1942, for enlisted men of first three grades and family allowance author- ized by Servicemen's Dependents Allow- ance Act of 1942 for dependents of enlisted men below third pay grade is authorized during period between actual change of status and date fixed by statute for termi- nating family allowance, that is, date dis- bursing officer paying it receives notice of change in status, or a date prescribed by joint regulations of Secs, of War and Navy. Dependents of women serving in or with military, naval, etc., forces: Children:
Effect of receipt by service-father of rental, etc., allowances for depend- ent children-where husband of en- listed member of Women'sArmy Corps is officer or enlisted man in armed serv- ices and receiving increased allowances on account of their dependent child, family allowance benefits authorized by Servicemen's Dependents Allowance Act of 1942 to be paid to dependents of enlisted personnel of designated grades are not payable to child as dependent of Women's Army Corps member.... Family allowance benefits authorized
by Servicemen's Dependents Allow- ance Act of 1942 for dependents of en- listed men of designated grades may be paid to child of member of Women's Army Corps if child's father is deceased and mother is not remarried, or, in case father is not deceased, if child is in fact dependent upon his mother..... "Class B" dependents generally-family allowance benefits authorized by Serv- icemen's Dependents Allowance Act of 1942 for dependents of enlisted men of designated grades may be paid to class B dependents (parent, grandparent, brother or sister) of enlisted member
Page FAMILY ALLOTMENT AND AL- LOWANCE-Continued.
Dependents of women serving in or with military, naval, etc., forces-Con.
of Women's Army Corps, upon show- ing, as provided in act, that relative is dependent on such enlisted member for "a substantial portion of his support".. Effect of receipt by woman member of allowance as wife of enlisted man-fam- ily allowance benefits authorized by Servicemen's Dependents Allowance Act of 1942 for dependents of enlisted men of designated grades may be paid to Class B dependents (parent, grand- parent, brother or sister) of enlisted mem- ber of Women's Army Corps, even though she is receiving said allowance as wife of enlisted man, upon showing, as provided in act, that relative is depend- ent on such enlisted member for "a sub- stantial portion of his support”. Husband-husband of enlisted member of Women's Army Corps may not be re- garded as "dependent" within meaning of Servicemen's Dependents Allowance Act of 1942 so as to entitle him to pay- ment of family allowance benefits author- ized by said act for dependents of en- listed personnel of designated grades... FEDERAL DEPOSIT INSURANCE
Status of corporation funds-applicability of general appropriation restrictions- prohibition in sec. 5, act of July 16, 1914, against use of appropriated moneys for pur- chase, maintenance, repair, or operation of motor-propelled passenger-carrying vehicles unless specifically authorized by law is not applicable to expenditures made from regular funds of Federal Deposit Insurance Corp. (which are derived from assessments, etc, and are not appropriated for expenditure) for payments on mileage basis to its officers and employees for use of privately owned automobiles within the corporate limits of their official stations while engaged on official business..... FEES:
In general as to refund of fees erroneously collected by Govt. officers and employees- fees improperly collected as result of fault or negligence of Govt. officers or employees generally may be refunded. See numerous decisions cited..
Postal matters. See Post Office Depart- ment, mails.
Witnesses. See Witnesses, fees.
FOREIGN EXCHANGE:
See Exchange, foreign.
FOREIGN SERVICE:
Compensation of personnel. See Compen-
sation, Foreign Service personnel.
Filing by officers of affidavit as to non-use of mercenary means in obtaining appoint- ments. See Affidavits, non-use of mer- cenary means in obtaining appointment.
FOREIGN SERVICE-Continued.
Status of officers as "constitutional offi- cers"-as appointment or promotion of Foreign Service officers is required under 22 U. S. Code 4 to be made by President by and with advice and consent of Senate, such officers are regarded as constitutional officers...
Appropriations, funds, etc.:
Correction of errors in charges and credits-revised procedure-Gen. Reg
99, Nov. 20, 1943..
Gen. Reg. 100, Oct. 4, 1943.
Effect on claims-claim for reduced amount after discovery of fraud in original claim— restatement of claim for smaller amount after discovery by Govt. that original claim, supported by false or fraudulent evidence, was deliberately presented for amount greater than that actually due does not eradicate taint or suspicion of fraud so as to authorize payment of claim in smaller amount.. FUNDS:
Federal-aid, generally-propriety of allot- ment to Federal agencies-funds appro- priated by act of June 15, 1943, as amended, authorizing grant of Federal funds to institutions participating in nurse training program partially to compensate for expenses incident thereto, may not be allotted to St. Elizabeths Hospital or other Federal institutions operated with appro- priated moneys...
Naval Procurement Fund:
Establishment as "no year" fund as removing fiscal year limitation on funds transferred thereto-provisions in act of July 3, 1942, authorizing establishment of Naval Procurement Fund and making of advance check payments thereto from naval appropriations, may not be con- sidered as having effect of removing restriction of limited period of availa- bility of naval appropriations placed thereon by Congress at time of appro- priation and making such appropriations available until expended upon being advanced to Naval Procurement Fund- a revolving fund not subject to fiscal year limitations. Procedure, generally, for effecting trans- fers to-in view of specific provision in act of July 3, 1942, that advances of funds from naval appropriations to Naval Procurement Fund shall be accom- plished by advance check payments made to the fund, there is no authority to effect such advances by transfer and counter warrant instead of by means of check... 668 Public:
Disbursements-voucher certification re- quirements-Circ. Letter B-31372, A- 51607, Nov. 24, 1943..
Postage collections as constituting: Erroneous or excessive collections-ex- cessive or erroneous postage collections constitute postal revenues and, as such, are public funds.
In general-under Postal Laws and Regulations, all amounts received for postage by postal employee in his official capacity-regardless of manner in which obtained-must be remitted or accounted for as postal revenues and, as such, constitute "public funds" Transfers. See Appropriations, transfers. Revolving:
Composition, in general-revolving fund may be not only fund sustained by re- payments of funds advanced therefrom and any increment accruing from ex- penditures from fund but, also, it may be a fund which when reduced is re- plenished by new funds from specified
Disposition of repayments, income from operations, etc.-Puerto Rico Recon- struction Administration Revolving Fund-Puerto Rico Reconstruction Ad- ministration Revolving Fund created by act of Feb. 11, 1936, may be replen- ished only from sources specified in act, namely, "special fund" also created by act and proceeds of disposition of prop erty acquired therewith, and, therefore, income derived from operations financed out of revolving fund, or proceeds of dis position of property acquired therewith, may not be credited to fund but must be covered into general fund of Treasury. 20 C. G. 280, reconsidered and affirmed. 986 Trust:
National Park Trust Fund:
Availability, generally, of principal and
derivative income for expenditure: Principal or corpus of gift or bequest accepted by National Park Trust Fund Board in accordance with act of July 10, 1935, may not be disbursed by board unless so directed by the donor or bequeather, but in order that some effect may be given to action of respective donors or be- queathers in respect of their dona- tions or bequests, income from in- vestment and reinvestment thereof may be considered available for ex- penditure for any of purposes au- thorized by act...
Use of income from investment and re- investment of trust funds given or bequeathed to National Park Trust Fund Board for particular object or purpose in accordance with act of July 10, 1935, is confined to partic- ular object or purpose for which given or bequeathed, but when
to payment-A-14235, July 15, 1943. 1010 Debt collection matters-deferment of col- lection proceedings upon waiver by surety of statute of limitations-inasmuch as courts in construing sec. 2, act of Aug. 8, 1888-which provides that the surety on disbursing officer's bond shall not be liable for officer's indebtedness unless suit is filed with in 5 years after settlement of officer's acco uit-have strongly suggested that said section is jurisdictional and bars action after 5-year period has run even though surety does not plead limitation, purported waiver by surety of statute would not war- rant this office in delaying action in case where disbursing officer is interned by enemy or any other case-beyond point where Govt.'s interests would be jeopar- dized.. Decisions:
Advance as obviating necessity for action on claim-voucher covering certain items of travel expense forwarded by head of agency in connection with re- quest for advance decision, which vouch- er represents reclaim of items suspended in prior payment, is returned with advice
FICE-Continued. Decisions-Continued.
that it should be forwarded to Claims Div. for direct settlement as claim, and that if account containing original vouch- er has not been forwarded to this office by such time, original voucher may be with- drawn from such account and forwarded for advance consideration with claim... Requests:
Certifying officers' request subsequent to voucher approval and certifica- tion-where question presented by certifying officer for decision involves not a question of law decision of which is necessary to certification of voucher but, rather, question as to whether amount of voucher in favor of carrier previously certified for payment should be collected from employee, matter is not one proper for submission by certifying officer under act of Dec. 29, 1941; therefore, and since question is one concerning administrative responsibility, reply is made to head of agency concerned. Certifying officer's right prior to pres- entation of voucher for certifica- tion-jurisdiction of General Ac- counting Office is such that decision cannot be rendered to certifying officer except on question of law specifically involved in voucher properly before him for certification. Jurisdiction-leaves of absence-adminis- trative determinations as to employees "a. w. o. l."-where employee has absented himself from work without prior author- ization, administrative determination after his return to duty that facts and circumstances of case are not such as to warrant conclusion that he was "a. W. 0. 1.," even though absence was without pay, is not subject to review or revision by this office..
Accounting systems-revised procedure- No. 100, Oct. 4, 1943..
GENERAL ACCOUNTING OF- Page GENERAL ACCOUNTING
FICE-Continued.
Settlements:
Advance decision as obviating necessity for action on claim-voucher covering certain items of travel expense forwarded by head of agency in connection with re- quest for advance decision, which vouch- er represents reclaim of items suspended in prior payment, is returned with ad- vice that it should be forwarded to Claims Div. for direct settlement as claim, and that if account containing original voucher has not been forwarded to this office by such time, original voucher may be withdrawn from such account and forwarded for advance con- sideration with claim.....
Correction of errors in charges and credits in accounts current-revised procedure- Gen. Reg. 99, Nov. 20, 1943.. Erroneous-disbursing officer's liability for payments pursuant to where em- ployee's indebtedness to Govt. arose on basis of certificate of settlement by this office erroneously allowing employee a special per diem contrary to terms of his travel orders, there is no authority to charge disbursing officer's account for unlawful payment....
Payments by disbursing, etc., officers in lieu of:
Unpaid war emergency general salary in-
Administrative office may process short payments of compensation, resulting from administrative error in denying its contract employees benefits of overtime and additional compensation act of Dec. 22, 1942, and War Overtime Pay Act of 1943, retroactively effective to Dec. 1, 1942, to employees who are now in service, provided there is an appropriation from which payments may be made, but no payments may be made to employees not now in service who have filed no claim therefor..... While the Navy Dept. is not required to take initiative in adjusting short payments of compensation resulting from administrative error in denying its contract employees benefits of War Overtime Pay Act of 1943, it is entirely proper to do so-payments to be made by disbursing officer-- provided employees are now on rolls. Precedent status-action of G. A. O. in audit or settlement of account or claim does not constitute decision of Comp- troller General such as administrative and disbursing officers are authorized to accept as guides and precedents in obli- gating and disbursing public moneys....
Aviation reserve officers' lump sum pay- ments. See Pay, aviation duty, aviation reserve officers' lump sum payments. Enlistment allowance:
Accrual date, generally-right of enlisted men to enlistment allowance upon re- enlistment or extension of enlistment accrues, if at all, on effective date of re- enlistment or extension.. Reenlistment or extension of enlistment
during period of temporary promotion: Navy enlisted man who, in good faith and without knowledge of prior ap- pointment as temporary warrant of- ficer under act of July 24, 1941, extended his enlistment during interval between date of issuance of temporary appoint- ment and date of actual acceptance thereof, may elect to receive either pay and allowances, including reenlistment and travel allowances, of his enlisted grade up to date he actually accepted temporary appointment, or pay and allowances of his temporary grade or rank from date of his appointment thereto as authorized by sec. 5, act of June 30, 1942. 21 C. G. 991; 22 id. 548, distinguished. Where Navy enlisted man extended his enlistment while serving as temporary officer under act of July 24, 1941, and subsequently reverted to his perma- nent enlisted status upon revocation of temporary appointment, such re- version does not retroactively operate to entitle him, as of date within tenure of temporary office, to enlistment allowance which on date of enlistment extension was denied to him by provi- sion in sec. 7 (a) of said act limiting per- sons holding temporary commissions under act to pay and allowances au- thorized for position temporarily oc- cupied. 23 C. G. 37, distinguished... Time to be included in enlistment from which last discharged: Involuntary detention periods-where, at expiration of voluntary enlistment period, Navy enlisted man was de- tained in service under authority in act of Dec. 13, 1941, involuntarily to extend enlistments in time of war, period of detention may be included, upon sub- sequent discharge and voluntary re- enlistment, in determining "the num- ber of years served in the enlistment period from which he has last been discharged" within meaning of sec. 10, Pay Readjustment Act of 1942, for purpose of computing enlistment allow- ance payable under that section for reenlistment.... Periods in temporary higher rank after normal expiration of enlistment-in computing enlistment allowance under sec. 10, Pay Readjustment Act of 1942,
GRATUITIES-Continued.
Enlistment allowance-Continued. Time to be included in enlistment from which last discharged-Continued. amount of which is based on number of years served in enlistment from which last discharged, Navy enlisted man who, after expiration of six-year period for which he had enlisted, was contin- ued in temporary warrant rank to which he was appointed under author- ity of act of July 24, 1941, and who was discharged and reenlisted after revoca- tion of temporary appointment and reversion to enlisted status, may count entire time served in temporary rank as time served in the enlistment from which discharged.......
Scope of statutory provisions respecting payment upon finding of death of per- sons previously reported as missing in action, etc.:
As authorizing payment upon finding of death of civilian employees-in ab- sence of other provisions of law author- izing payment of six months' death gratuity upon death of civilian em- ployees, provision in sec. 5, act of Mar. 7, 1942, as amended, with respect to payment of six months' death gratuity provided by law following finding of death of persons reported as missing, missing in action, etc., may not be regarded as authorizing payment of such gratuity upon finding of death of civilian employee reported as missing.. In general-provision in sec. 5, act of Mar. 7, 1942, as amended, with respect to payment of six months' death gratu- ity provided by law upon finding of death of persons missing, missing in action, etc., does not enlarge classes of persons on account of whom death gra- tuity is payable, but, rather, author- izes payment of said gratuity only with respect to classes of personnel on whose account specific provision is made by other statutes.. Unmarried minor children-legal rela- tionship of parent and child severed by adoption-minor child of divorced Army enlisted man who was legally adopted by its mother and step-father prior to man's death may not be regarded as enlisted man's child at time of death, within meaning of six months' death gratuity statute of Dec. 17, 1919, as amended, and, therefore, payment of said gratuity on behalf of such adopted child is unauthor- ized...... Women's Army Corps beneficiaries' rights generally-husband-six months' death gratuity benefits payable under act of Dec. 17, 1919, as amended, to widow, child, or other previously designated dependent relative of deceased officer or
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