GENTLEMEN:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05538A000300060069-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: May 24, 2002
• Sequence Number: 69
• Publication Date: February 7, 1952
• Content Type: LETTER

Approved For eFlea,&2002/06/28: CIA-RDP78-05538A00O W60"4;8-.
Washin;to, a 25
Pentagon Federal Credit Union.
Concourse? The e'en-tagon
Washington 25, D. C.
Refergnce is made to y,our,letter of January 23, 1952, relative
to your claim against Mazy ' Louisee .Van Possum inth? amount of ;>220
plus interest, from November-23, 1949, in which you requested this
Office to suspend any withdrawal of any. monies to the credit of
debtors retirement fund account until her indebtedness tQ .your, or-
ganizatioii_has_been liquidated*
Section 18 of the Civil Service 1etirement Act of. May 29, 1930,
as amended, 46 Stat? 47'x, 5 U, S, C. 729, provides as follows
"None of the moneys mentioned in this Act shall be assignable,
either in law or egLuity, or be subject .to execution, levy, or. attach"
ment, garnishraentU, or other legal process."
This Office has held that the quoted provisions of the statute
do not apply to the United Status, and that amounts owing by indi-
viduals to the United States may be recovered-by ae.t-off against,
retirement annuities due them, See 16 Comp. Gen. 1017; 19 id. 721;
and'21 id,, 1000, The statute does apply to all other creditors and
under the plain terms thereof the debtor could not,=kg an enf orce-
able ass, nment of the funds involved and they are exempt from legal
proces,ssIn such circumstances this Office would appear to have no
authority to withhold such moneys for the benefit of a private cred-
itor.
While it has been held that Army x e a u talities
of the Government for some purposes and that they are integral parts
f he Vlar Department (24 Comp. Gen. 771), funds of such exchanges
are nonappropriated funds (paragraphs 3 and 4 AR 210-50) and this
Office has held that debts due. such exehanges,a_r.e_not debts due the
Ui esi._S.tates and that there is no authority to set-off debts due an
exch~ng@._MI stt c amount due the em to ee as refun o e creme
de~1.=u~tions? See 9 Comp. ("Ton. 3 3; 9 id, 411; and 11 id... 161* STATINTL
It is understood that the funds of a Federal Credit Union are
the property of employees or other private persons and are not ap-
propriated funds, In that'~ease collection by set-off against e
e or s re :.'anent fund account is prohibited.
Approved, For Release 2002/06/28 : CIA-RDP78-05538AOT0300060069-8
 Approved For Release 2002/06/28 : CIA-RDP78-05538A0p0 00 0069-8
%W %WO
841,0'7722
Accordingly, this Office may not suspend withdrawal of debtor's
retirement fund deduct`tonpe ndiri paymQnt, of. your claim, or for arty
purpose other thanL ol.Iecti.on of a .debt,;au ..:. e_..Unite4 Sts e. ?
.Very truly yours,
(Signed) LINDSAY C, l'JARR'EN .
STATINTLL
Comptroller Gei6ral
of the United States
Approved For Release 2002/06/28 : CIA-RDP78-05538A000300060069-8