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B-300866 1 (2003-05-30)

handle is hein.gao/gaobacyil0001 and id is 1 raw text is: G A 0Comptroller General Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: U.S. Court of Appeals for Veterans Claims: Retroactive Reimbursement of Professional Liability Insurance Costs File: B-300866 Date: May 30, 2003 DIGEST Section 605 of Public Law No. 107-103, December 27, 2001, amended title 38 of the United States Code by adding new section 7287. It provides that the United States Court of Appeals for Veterans Claims (CAVC) may exercise the management, administrative, and fund expenditure authorities available to other U.S. courts as defined in 28 U.S.C. § 451. In exercising this authority, the CAVC's Board of Judges passed a resolution authorizing the Court to utilize the authority found in Public Law No. 105-277, October 21, 1998, as amended (found at 5 U.S.C. prec. § 5941 note), to reimburse eligible employees for one-half the cost of professional liability insurance. Since the change in the law adding 38 U.S.C. § 7287 was not explicitly made retroactive, it does not apply to professional liability insurance payments made prior to the effective date of the legislation, December 27, 2001. DECISION This is in response to a request for an advance decision pursuant to 31 U.S.C. § 3529 by the Financial Manager of the United States Court of Appeals for Veterans Claims (CAVC) on whether the CAVC may retroactively reimburse an eligible Court employee for one-half the cost of professional liability insurance paid during calendar years 1998 to 2001. For the reasons stated below, we find that the effective date of the authority to pay the premium involved is not earlier than December 27, 2001, the date of passage of the amendment adding 38 U.S.C. § 7287, which allowed the CAVC to utilize the professional liability insurance reimbursement authority. The statutory language of 38 U.S.C. § 7287 does not specifically state that any entitlements arising under its authority should be provided retroactively, nor does the legislative history clearly indicate that such entitlement was meant to be retroactive.

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