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B-190751 1 (1978-04-11)

handle is hein.gao/gaobadfzi0001 and id is 1 raw text is: p 4 O I I I *1 Lw * ,'ZaN. R. Parsons Gh) A 7 Un COMPTROLLER GENERAL CECIUION . 0. THU UNITO STAVUC WAUMINGTON. 61.C. RDU4U FILE: B-190751 DATE: April 11, 1978 MATER OF: Treasury Department - $50 Special Payment Authority DIGEST: Sectin 406 of Pub. L. No. 95-30, 91 Stat. 156, enetng further $50 Special Payments under section 702(a), Pub. L. No. 94-12, 89 Stat. 66 mould not be construed to abolish retroactively rights to payments that accrued before enactment of Pub. L. No. 95-30. Therefore, beneficiaries declared eligible by Social Security Admin- intration before cut-off date but whose vouchers were lost in the mail may still receive payment. This responds to a request from the Fiscal Asistant Secretary, Department of the Treasury (Treasury), for our decision concerning Treasury's authority to issue checks for $50 Special Payments under section 702(a) of the Tax Reruction Act of 1975, Pub. L. No. 94-12, 89 Stat. 66, March 29, 197% (heriafter referred to as section 702(a)) in view of a prohibition in section 408 of the 'ax Reduction and Simpli- fication Act of 1977, Pub. L. No. 95-30, 91 Stat. 156 (hereafter re- ferred to as section 406) against making payments after May 23, 1977. According to the Treasury submission, the Social Security Admin- iotration (SSA) wrote to Mr. Elmo McClure, in a letter dated April 7, 1977. that Mr. McClure, his ife and chi! I were each eligible for $50 Special Paymedts and that he should recei'e check'; for these amounts on or about April,15. 1977. in response ii our request to the Secre- tary of Health, Education, and Welfare fo.- a report on this matter, the Director of the Bureau of fletiremmi; and Survivors Insurahee, SSA, who signed the April 7 leder, explins that before the April 7 letter was mailed to Mr. McClure, Voucher No. R-636 was sent by the Bureau to Treasury's Birmingham Disbursing Center, authorizing payment. The Director also says that his office has been unable to locate the voucher which he assumes was lost in the mail. (This lost voucher also authorized payment to one other beneficiary.) The fact that the Treasury Department did not receive and make payment on the voucher before the May 23, 1977, enactment of Pub. L. No. 95-30, raises the question presented ;y the Assistant Secre- tary. Section 702(a) of the 1975 Act provide as follows: PAYMENT. --The Secretary of the Treasury shall, r.t the earliest practicable date after the * nactmnent of this -1-

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