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B-190100 1 (1979-03-14)

handle is hein.gao/gaobabjms0001 and id is 1 raw text is: ~.. - ~~COMPTROLLER GENERAL OF THE UNITED STATES Q~' WASHINGTON. D.C. 20548 B-190100 March 14, 1979 Major Robert E. Elmwood, USMC (Retired) 1514 Saint Roch Avenue New Orleans, Louisiana 70117 Dear Major Elmwood: This letter is in response to your correspondence of Novem- ber 19, 1978, and January 28, 1979, in which you request a decision of the Comptroller General on variousjquestions concerning the- garnishment of yeur retired pa3 Apparently, your retired pay has been the subject of garnish- ment proceedings under section 459 of the Social Security Act, 42 U.S.C. 659 (1976), as amended by section 501 of Public Law 95-30, May 23, 1977, 91 Stat. 126, 157-162. You say that in connection with this, a portion of your retired pay was withheld by the Marine Corps. Apparently you have secured the release of these amounts and you now ask why interest on this withholding is not paid by the United States. You note that in connection with tax matters interest is paid by both the United States and the taxpayer in certain instances. You also question the regulations promulgated under the above- cited law which do not exclude allotments for commercial life insurance from amounts of pay which are subject to garnishment. Your last question relates to why allotments from Servicemen's Group Life Insurance (SGLI) is excluded under the regulations from amounts which may- e the subject of garnishment, whereas National Service Life Insurance (NSLI) allotments are not. In this regard you note that both are, at least, sponsored by the United States Government. With regard to your first question, it is well established that interest on claims against the United States, even when payment has - 00¢0e?'3

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