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B-221264 1 (1986-04-29)

handle is hein.gao/gaobadmhn0001 and id is 1 raw text is: 


                     LI  THE COMPTROLLER GENERAL

DECISION                   F Op THE UNITED   STATES
                         WASHINGTON. 0. C. 20548




FILE:   B-221264               DATE:   April 29, 1986

MATTER OF: Charles Wener


DIGEST:

        When the allotment check of an Army
        employee was not received by his bank, the
        employee requested that the check be
        reissued. He did not receive the reissued
        check until several months later. The
        Army may not pay interest on the amount of
        the allotment since interest may only be
        paid under express statutory or contrac-
        tual authorization and no such authoriza-
        tion exists under these circumstances.

     This action is in response to a request for an
advance decision regarding whether interest may be paid
to Charles Wener.I/ We are aware of no authority which
would allow the payment of interest in the particular
circumstances.

     Mr. Wener, an employee of the Army Corps of Engineers,
had arranged for an allotment of $300 to be deducted from
his pay and sent directly to his bank. Check No. 71729185
was issued on August 10, 1984, to be deposited in
Mr. Wener's account. Mr. Wener made inquiry of the Army
when he learned that the bank had not received the check. A
replacement check was not issued until April 1985. Because
it has been unable to provide a justification for the delay
in reissuing the check, the Army asks whether interest may
be paid to Mr. Wener.

     The Army states that it is aware of the well-
established rule that payment of interest by the Government
on its unpaid accounts or claims may not be made except when
interest is provided for under express statutory or contrac-
tual authorization. The Army refers, however, to a settle-
ment by our Claims Group which allowed payment of interest


1/ The request was made by J. M. Burke, Finance and
    Accounting Officer, U.S. Army, Omaha District Corps of
    Engineers, Omaha, Nebraska.

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