31.1 Scope of part.

FILING REQUIREMENTS FOR CLAIMANTS

81.2 Form of claim.

31.3 Claim filed by attorney or agent.
31.4 Where claims should be filed.
31.5 Statutory limitations on claims.

INFORMATION RELATING TO CLAIMS

31.6 Information relating to claims presented to the Claims Division of the General Accounting Office.

31.7 Basis of claim settlements. 31.8 Form of claim settlements.

AUTHORITY: The provisions of this Part 31 issued under sec. 311, 42 Stat. 25, as amended; 31 U.S.C. 52. Interpret or apply sec. 305, 42 Stat. 24; 31 U.S.C. 71.

SOURCE: The provisions of this Part 31 appear at 22 F.R. 10890, Dec. 28, 1957, unless otherwise noted.

§ 31.1 Scope of part.

This part prescribes general procedures applicable to claims against the United States which must be adjudicated in the General Accounting Office before payment is made or denied exclusive of transportation claims. Special procedures applicable to specified types or classes of claims against the United States are contained in the subsequent parts of this subchapter.

86-004 O-68--4

FILING REQUIREMENTS FOR CLAIMANTS § 31.2 Form of claim.

Unless otherwise specifically provided, claims will be considered only when presented in writing over the signature and address of the claimant or over the signature of the claimant's authorized agent or attorney. Generally, no particular form is required for filing a claim; however, claim forms are prescribed in succeeding parts of this subchapter for specific classes of claims.

§ 31.3 Claim filed by attorney or agent.

A claim filed by an agent or attorney must be supported by a duly executed power of attorney or other documentary evidence of the agent's or attorney's right to act for the claimant. See § 1.8 of this chapter.

§ 31.4 Where claims should be filed.

Action will generally be expedited if claimants file their claims initially with the administrative department or agency out of whose activities they arose. Claims which cannot be disposed of administratively will be transmitted to the Claims Division of the General Accounting Office by the administrative office. However, as to claim filing requirements when the statutory period of limitation is about to expire, see § 31.5. Claims filed direct with the General Accounting Office should be addressed to

Claims Division,

U. S. General Accounting Office,
Washington, D.C., 20548.

[23 F. R. 7478, Sept. 26, 1958]
§ 31.5

Statutory limitations on claims.

(a) Statutory limitations relating to claims generally. Statutory limitations relating to claims generally are contained in 31 U.S.C. 71a. Claimants should submit their claims to the Claims Division of the General Accounting Office if the statutory period of limitation will soon expire.

(b) Statutory limitation on check claims. The statutory limitation on claims on account of checks appearing to have been paid are contained in 31 U. S. C. 122. To protect their own interests, it is the responsibility of claimants to present their claims for the proceeds

§ 31.8

Form of claim settlements.

(a) Allowed claims. The Claims Division of the General Accounting Office will certify claims for payment either by use of a Certificate of Settlement, GAO Form 39, or by certificate of allowance placed on the voucher when voucher procedures are in effect.

(b) Disallowed claims. When part of a claim is allowed and part disallowed, a statement relating to the disallowed portion will be included on the certificate of settlement or the voucher. When the full amount of a claim is disallowed, the

claimant will be advised by issuance of Settlement Certificate, GAO Form 44. [23 F. R. 7478, Sept. 26, 1958]

PART 32-REVIEW AND RECONSIDERATION OF GENERAL ACCOUNTING OFFICE CLAIMS SETTLEMENTS

Sec.

32.1

32.2 32.3

Who may obtain review.
Basis for request for review.

Return of check or warrant with re-
quest for review.

AUTHORITY: The provisions of this Part 32 issued under sec. 311, 42 Stat. 25, as amended; 31 U.S.C. 52.

SOURCE: The provisions of this Part 32 appear at 22 F.R. 10890, Dec. 28, 1957, unless otherwise noted.

§ 32.1 Who may obtain review.

Settlements made pursuant to 31 U.S.C. 71 will be reviewed (a) in the discretion of the Comptroller General upon the written application of (1) a claimant whose claim has been settled or (2) the head of the department or Government establishment to which the claim or account relates, or (b) upon motion of the Comptroller General at any time. § 32.2

Basis for request for review. Applications for review of claim settlements should state the errors which the applicant believes have been made in the settlement and which form the basis of his request for reconsideration. § 32.3 Return of check or warrant with request for review.

Unless otherwise directed by the Comptroller General on the presentation of proper facts in the particular case, the check issued upon a settlement must not be cashed when its amount includes any item as to which review is applied for, but should accompany the application for review.

Sec. 33.7

33.8

33.9

Securing claims on employee's death. Claims involving minors or incompetents.

Return of unnegotiated Government checks.

33.10 Applicability of general procedures.

AUTHORITY: The provisions of this Part 33 issued under sec. 311, 42 Stat. 25, as amended; 31 U.S.C. 52. Interpret or apply sec. 3, 64 Stat. 396, as amended; 5 U.S.C. 61h.

§ 33.1 Scope of part.

(a) Accounts covered by this part. This part prescribes forms and procedures for the prompt settlement of accounts of deceased civilian officers and employees of the Federal Government and of the government of the District of Columbia (including wholly-owned and mixed-ownership Government corporations), as contemplated by the act of August 3, 1950, as amended, 5 U.S.C. 61f-61k. The term "deceased employees" as used in this part includes former civilian officers and employees who die subsequent to separation from the employing agency.

(b) Exceptions. The procedures prescribed by this part do not apply to:

(1) Accounts of deceased officers and employees of the Federal land banks, Federal intermediate credit banks, production credit corporations, or regional banks for cooperatives. See 5 U.S.C. 61k.

(2) Payment of unpaid balance of salary or other sums due deceased Senators or officers of employees of the Senate. See 2 U.S.C. 36a.

(3) Payment of unpaid balance of salary or other sums due deceased Members of the House of Representatives. See 2 U.S.C. 38a. (See § 33.6 for settlement of accounts of deceased officers and employees of the House of Representatives.)

[26 FR. 12275, Dec. 23, 1961] § 33.2

Definitions.

The term "unpaid compensation," as defined in the act and when used in this part, means the pay, salary, or allowances, or other compensation due on account of the services of the decedent for the Federal Government or the government of the District of Columbia. It shall include, but not be limited to, (a) all per diem in lieu of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses which are incurred in connection with the travel and for which reimbursement is due;

(b) all allowances upon change of official station; (c) all quarters and cost-of-living allowances and overtime or premium pay; (d) amounts due for payment of cash awards for employees' suggestions; (e) amounts due as refund of salary deductions for United States Savings bonds; (f) payment for all accumulated and current accrued annual or vacation leave equal to the compensation the decedent would have received had he lived and remained in the service until the expiration of the period of such annual or vacation leave; (g) the amounts of all checks drawn in payment of such compensation which were not delivered by the Government to the officer or employee during his lifetime or of any unnegotiated checks returned to the Government because of the death of the officer or employee.

[26 F.R. 12275, Dec. 23, 1961]

§ 33.3 Forms prescribed for procedures in this part.

Forms prescribed for procedures in this part are:

SF 1152

Standard Forms

Designation of Beneficiary, Unpaid Compensation for Deceased Civilian Employee.

SF 1153 Claim of Designated Beneficiary and/or Surviving Spouse for Unpaid Compensation of Deceased Civilian Employee.

SF 1155 Claim for Unpaid Compensation of Deceased Civilian Employee (No Designated Beneficiary or Surviving Spouse). [23 F. R. 7479, Sept. 26, 1958]

§ 33.4 Notifying employees; agency responsibility.

Each agency of the Government affected will bring to the attention of its civilian employees the provisions of the act relative to their right to designate a beneficiary or beneficiaries to receive the amounts due and the disposition to be made of unpaid amounts where no beneficiary or beneficiaries have been designated.

[22 F.R. 10891, Dec. 28, 1957]

§ 33.5 Designation of beneficiary.

(a) Designation Form. SF 1152, Designation of Beneficiary, Unpaid Compensation of Deceased Civilian Employee, is prescribed for use by employees in designating a beneficiary and in changing or revoking a previous designation. However, in the absence of the prescribed form, any designation, change, or cancellation of beneficiary witnessed and

filed in accordance with the general requirements of this part shall be acceptable. Each agency subject to the provisions of the act will furnish the employee SF 1152 upon request therefor.

(b) Who may be designated. An employee may designate any person or persons as beneficiary. The term "person or persons" as used in this part includes a legal entity or the estate of the deceased employee.

(c) Executing and filing a designation of beneficiary form. The SF 1152 must be executed in duplicate by the employee and filed with the employing agency where the proper officer will sign it and insert the date of receipt in the space provided on each part, file the original, and return the duplicate to the employee. The designation will be filed in the particular office which authorizes payment of the employee's compensation, or such other place as the head of the agency may direct.

(d) Effective period of a designation. A designation of beneficiary, properly executed and filed in the agency of employment, unless earlier changed or revoked in writing, will be effective as long as employment by the same agency continues and thereafter until the employee is tranferred or reemployed by the same or another department or agency of the Government. Should an employee resign and be reemployed, or be transferred to another agency, and desire the unpaid compensation to be paid to a designated beneficiary, another designation of beneficiary form must be executed, as directed in paragraph (c) of this section. If an amount should become due from the agency from which the employee was separated, it will be the responsibility of such agency to ascertain, prior to payment, if the employee was reemployed and executed a designation of beneficiary in connection with such employment, and to pay the compensation to any person or persons so designated. A new designation of beneficiary is not required as to an employee whose agency or site function, records, equipment, and personnel are absorbed by another agency.

(e) Change or revocation of a designation. A designation of beneficiary previously made may be changed or revoked as of a later date by the execution and filing of another SF 1152 by the employee, as directed in paragraph (c) of this section. When a designation of

Claims

(a) Administrative agencies. for unpaid compensation due deceased employees of the government of the District of Columbia, of the Canal Zone Government on the Isthmus of Panama, and of wholly owned and mixed-ownership Government corporations will be paid by those agencies. See 5 U.S.C. 61h. Except as otherwise provided in paragraph (b) of this section, claims for unpaid compensation due deceased employees of other agencies of the Federal Government, including officers and employees of the House of Representatives, may be paid by those agencies under any of the provisions of 5 U.S.C. 61f.

(b) General Accounting Office. Except as provided in paragraph (a) of this section, claims for unpaid compensation due deceased employees of the Federal Government will be paid only upon settlement by the Claims Division of the General Accounting Office in the following cases:

(1) When doubt exists as to the amount or validity of the claim.

(2) When doubt exists as to the person(s) properly entitled to payment.

(3) When the claim involves uncurrent checks. Unnegotiated and/or undelivered checks for unpaid compensation due the decedent which are drawn on designated depositaries and have not been paid prior to the close of the fiscal year next following the fiscal year in which the checks were issued are uncurrent. Claims for the proceeds of such checks must be submitted to the Claims Division of the General Accounting Office for settlement pursuant to the provisions of section 1(b) of the act of August 28, 1957, Public Law 85-183, 31 U.S.C. 132. The checks, if available, should accompany the claims.

[26 F.R. 12275, Dec. 23, 1961]

§ 33.7 Securing claim on employee's death.

As soon as practicable after the death of a civilian employee included within the provisions of the act, the agency in which he or she was last employed, upon determining that unpaid compensation is due the decedent, will request each