Ralph Russell v. The United States

LARAMORE, Judge

(concurring).

I concur with the majority on the question of whether it was proper for defendant to deduct insurance premiums for Federal Employees’ Group Life Insurance from back salary paid to plaintiff upon reinstatement.

The Government did not pay the insurance company for plaintiff’s insurance, and no record of the Government showed plaintiff to be insured during the period of his suspension. Since no money was paid out by the Government, recoupment of this sum would constitute an *927unjust enrichment on the part of the Government. In these circumstances, it is not necessary for the court to speculate on whether or not the Government would have admitted liability in the event plaintiff had died during the period of his suspension. It is further unnecessary to speculate as to whether or not plaintiff was covered by insurance during this period.

In all other respects I agree with the majority.