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B-195265 1 (1979-08-17)

handle is hein.gao/gaobadhnd0001 and id is 1 raw text is: 





DECISION





FILE:  B-195265


THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASHINGTON. .C. 20548




       DATE: August 17,   1979


           MATTER OF: Interest on delayed payment of benefits to health
                          and welfare trust

           DIGEST: Department   of Labor may not pay interest to employees'
                      health and welfare trust, even though delayed payment
                      of benefits under Redwood National Park expansion act
                      caused trust to lose income on its funds. There is no
                      agreement by Department to pay interest, and neither
                      authorizing nor appropriation acts provide for interest
A/for late payment of benefits. In the absence of express
                      contractual or statutory authorization, United States
                      may not pay interest on its unpaid accounts.

                The Acting Assistant Secretary of Labor for  hLa  at
           Relations requested a decision on whether the Department of Labor
           (Department) may properly pay interest to the G-P/L-P and LPIW
           Health and Welfare Trust (Trust) for benefit payments advanced by
           the Trust and reimbursed by the Department 5 to 13 months late.
           The payments were due under Title II of Public Law 95-250, for
           employees who lost their jobs because of the expansion of Redwood
           Nationalak     For the reasons indicated below, we conclude that
           the Department may not pay interest to the Trust for these delayed
           payments.

                Title II of Public Law 95-250 (March 27, 1978), 92 Stat. 163,
           requires the Secretary of Labor to provide for the retention of
           health, welfare, and other benefits of employees who lose their
           jobs in the economic disruption caused by the expansion of Redwood
           -National Park. The Secretary is to accomplish this end by entering
           into agreements with the employees, their employers, their labor
           unions, or their pension and welfare trust funds, and by paying
           to the trust funds, or directly to insurance companies, the amounts
           that would have been paid by the employer or labor union had the
           employees not lost their jobs.

                During the effective period of the Act, the Louisiana Pacific
           Corporation closed its Samoa Plywood Plant and the employees of the
           plant lost their jobs. These employees were entitled to health and
           welfare benefits administered by the Trust.


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