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B-210412 1 (1984-04-11)

handle is hein.gao/gaobadlqi0001 and id is 1 raw text is: 0 %,L %- I THIE COMPTROLLER GENERAL OECIION .O THU UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-210412 DATE: April 11, 1984 MATTER OF: Claim Against Government--Electronic Transfer of Reoccurring Federal Payments--Bank Liability DIQEST: 1. Upon the death of recipients of electroni- cally transferred Government civil service retirement payments, bank becomes account- able for all subsequent deposits into account unless it satisfies Treasury regu- lations limiting liability to payments received within 45 days of death. Bank failed to satisfy regulations when it did not provide Treasury with names and addresses of withdrawers from the deceased's account within the times speci- fied in the regulations. 2. Even if claimant was confused by form pro- vided by Department of Treasury, it had legal notice of regulation since publica- tion of regulations in accordance with Administrative Procedure Act provides such notice. This is a claim against the United States for $16,433.34 presented by an attorney on behalf of the Jefferson Bank & Trust of Lakewood, Colorado (Bank). The Bank asks that the Government return to it $16,433.34 that was debited to its account with the Federal Reserve Bank at the request of the Department of Treasury (Treasury).I/ The Treasury found the Bank liable for reoccurring Government payments into an electronic funds transfer account at the Bank after the death of the individual recipient of the payments. The Bank believes that it complied with Treasury regulations that would have limited its liability to payments made within 45 days of the recipient's death. For the reasons given below, we agree with the Treasury position and deny the Bank's claim. 1/ The Bank and the Treasury disagree as to the amount properly debited. Treasury debited $18,656.68 after deducting the Bank's $1,612.92 check. The Bank's claim of $16,433.34 appears to result from deducting the $1,612.92 check from $18,656.68 again. we have used the Treasury figures in this decision.

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