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B-198134 1 (1980-07-11)

handle is hein.gao/gaobadikc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION, )OF THE UNITED STATES WASHINGTON, 0. C 20548 FILE: B-198134 DATE: J6L A MATTER OF: Military Disbursing Office Liability for Recurring Payments After Death or Incapacity of Recipient DIGEST: Treasury Department regulations 31 CFR Part 210 governing recurring payments made through the electronic funds transfer program directly to recipients' bank accounts, generally limits liability of financial organization to Government for payments by disbursing officer after entitlement ceases because of death or incapacity of recipient to amount of payments within 45 days after death or incapacity. Government and Disbursing officer are adequately protected inasmuch as agency can recover remainder of erroneous payments from person who withdrew funds from the account. Where recovery is unsuccessful, disbursing officer can seek relief of liability from this Office under 31 U.S.C. S 82a-2. The Principal Deputy Assistant Secretary of Defense (Comptroller) has requeste a decision concerning(dis- bursing officerliabilityj nder 31 U.S.C. § 82b for checks indorsed for a deceased payee under Treasury Department regulations, Federal Recurring Payments Through Financial Organizations by Means Other than by Check, 31 CFR Part 210. Disbursing officers are liable for the full amount of improper payments made under the recurring payments system. However, this Office may grant relief if we find that the officers were not personally negligent and could not, with reasonable diligence, have determined that the payments were improper, and the department has diligently pursued collection action. The problem may be illustrated with a hypothetical example. A retired member of the military service is receiving retirement pay in the form of monthly checks. He wants his monthly retirement pay deposited directly into a joint checking account that he malintains with

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