B-160026, AUGUST 1, 1968, 48 COMP. GEN. 39

B-160026, AUGUST 1, 1968, 48 COMP. GEN. 39

OFFICERS AND EMPLOYEES - SERVICE AGREEMENTS - OVERSEAS EMPLOYEES - TRANSFERS BETWEEN OVERSEAS DUTY STATIONS EMPLOYEES WHO AT THE TIME OF TRANSFER BY THEIR AGENCIES BETWEEN OVERSEAS DUTY STATIONS LOCATED IN DIFFERENT TERRITORIES OR COUNTRIES OUTSIDE THE CONTINENTAL UNITED STATES HAD ONLY COMPLETED PART OF AN AGREED PERIOD OF SERVICE AND HAD LESS THAN 12 MONTHS OF SERVICE TO PERFORM UNDER AN EMPLOYMENT AGREEMENT ARE REQUIRED PURSUANT TO 5 U.S.C. 5724 (D) TO EXECUTE A NEW AGREEMENT FOR A MINIMUM OF 12 MONTHS SERVICE- - 1 SCHOOL YEAR FOR OVERSEAS TEACHERS--- IN ORDER TO BE ELIGIBLE FOR PAYMENT BY THE GOVERNMENT OF THE COSTS OF THE TRANSFER. OFFICERS AND EMPLOYEES - SERVICE AGREEMENTS - OVERSEAS EMPLOYEES - TRANSFERS BETWEEN OVERSEAS DUTY STATIONS ALTHOUGH EMPLOYEES WITH LESS THAN 12 MONTHS OF SERVICE TO PERFORM UNDER A TRANSPORTATION AGREEMENT ARE NOT REQUIRED UNDER 5 U.S.C. 5724 (D) TO EXECUTE A NEW EMPLOYMENT AGREEMENT UPON TRANSFER BY THEIR AGENCY OR DEPARTMENT BETWEEN OFFICIAL STATIONS LOCATED IN THE SAME TERRITORY OR COUNTRY OUTSIDE THE UNITED STATES, THE AGENCY OR DEPARTMENT, BY POLICY OR REGULATION, NEVERTHELESS MAY REQUIRE THEIR EMPLOYEES TO EXECUTE A NEW EMPLOYMENT AGREEMENT. OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - OVERSEAS EMPLOYEES TRANSFERRED BETWEEN OVERSEAS DUTY STATIONS THE REQUIREMENT IN SECTION 3.2A OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56 THAT AN EMPLOYEE EXECUTE THE EMPLOYMENT AGREEMENT PRESCRIBED BY SECTION 1.3C OF THE CIRCULAR IN ORDER TO BE ELIGIBLE TO RECEIVE PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE AUTHORIZED HAS NO APPLICATION TO EMPLOYEES TRANSFERRED WITHIN FOREIGN COUNTRIES OR WITHIN TERRITORIES OR POSSESSIONS OF THE UNITED STATES OUTSIDE THE CONTIGUOUS 48 STATES AND THE DISTRICT OF COLUMBIA. THEREFORE, EMPLOYEES TRANSFERRED BY THEIR AGENCY FROM ONE OFFICIAL STATION TO ANOTHER OVERSEAS PRIOR TO COMPLETING AN AGREED 12 MONTHS OF SERVICE, WHETHER OR NOT THEY ARE REQUIRED TO SIGN A NEW EMPLOYMENT AGREEMENT, ARE ENTITLED TO THE MISCELLANEOUS EXPENSE ALLOWANCE AUTHORIZED BY SECTION 3.2A, AND POSSIBLY OTHER BENEFITS PRESCRIBED BY CIRCULAR NO. A-56.

TO THE SECRETARY OF THE AIR FORCE, AUGUST 1, 1968:

WE REFER TO THE LETTER OF THE ASSISTANT SECRETARY OF THE AIR FORCE, MANPOWER AND RESERVE AFFAIRS, DATED MAY 27, 1968, RECEIVED IN OUR OFFICE JULY 5, WHICH WAS ASSIGNED CONTROL NO. 68-23 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE CONCERNING THE EXECUTION OF TRANSPORTATION AGREEMENTS BY EMPLOYEES OF THE GOVERNMENT WHO ARE TRANSFERRED BY THEIR AGENCIES BETWEEN OVERSEAS DUTY STATIONS.

THE FOLLOWING QUESTIONS WITH REGARD TO SUCH TRANSFERS ARE PRESENTED IN CONNECTION WITH THE CONSIDERATION OF CERTAIN PROPOSED AMENDMENTS TO VOLUME II OF THE JOINT TRAVEL REGULATIONS BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE:

A. UNDER THE CIRCUMSTANCES WHERE AN EMPLOYEE IS REASSIGNED OR TRANSFERRED FROM ONE OFFICIAL STATION OVERSEAS TO ANOTHER OFFICIAL STATION OVERSEAS, BUT AT THE TIME OF REPORTING TO THE NEW STATION LESS THAN 12 MONTHS SERVICE REMAINS TO BE SERVED UNDER HIS CURRENT AGREEMENT, DO THE PROVISIONS OF BOB CIRCULAR A-56 REQUIRE THE EXECUTION OF A NEW AGREEMENT FOR A MINIMUM PERIOD OF 12 MONTHS?

B. IF THE ANSWER TO A IS IN THE NEGATIVE, IS THE EMPLOYEE ENTITLED TO THE BENEFITS ESTABLISHED UNDER P.L. 89-516, TO THE EXTENT APPLICABLE UNDER THE CIRCUMSTANCES CITED IN A ABOVE, SUCH AS MISCELLANEOUS EXPENSES, ETC.?

IN THE DECISION OF MAY 8, 1968, B-163726, WE HELD THAT 5 U.S.C. 5724 (D) REQUIRES THAT EMPLOYEES WHO ARE TRANSFERRED BETWEEN OFFICIAL STATIONS IN DIFFERENT TERRITORIES OR COUNTRIES OUTSIDE THE CONTINENTAL UNITED STATES EXECUTE AGREEMENTS TO REMAIN IN GOVERNMENT SERVICE FOR 12 MONTHS (1-SCHOOL YEAR IN THE CASE OF OVERSEAS TEACHERS) FOLLOWING SUCH TRANSFER IN ORDER TO BE ELIGIBLE FOR PAYMENT BY THE GOVERNMENT OF THE COSTS OF SUCH TRANSFER. NO EXCEPTION IS PROVIDED IN THE CONTROLLING PROVISION OF LAW FOR EMPLOYEES WHO ARE TRANSFERRED BETWEEN OFFICIAL STATIONS IN DIFFERENT TERRITORIES OR COUNTRIES OUTSIDE THE CONTINENTAL UNITED STATES AFTER HAVING COMPLETED PART OF AN AGREED PERIOD OF SERVICE PRIOR TO TRANSFER. THEREFORE, A NEW AGREEMENT FOR A MINIMUM OF 12 MONTHS' SERVICE (1-SCHOOL YEAR IN THE CASE OF OVERSEAS TEACHERS) IS REQUIRED IN SUCH CASES BY 5 U.S.C. 5724 (D). WITH REGARD TO EMPLOYEES TRANSFERRED BETWEEN OFFICIAL STATIONS LOCATED IN THE SAME TERRITORY OR COUNTRY OUTSIDE THE CONTINENTAL UNITED STATES, THE LAW DOES NOT REQUIRE THE EXECUTION OF AN EMPLOYMENT AGREEMENT. HOWEVER, A DEPARTMENT OR AGENCY MAY REQUIRE, BY POLICY OR REGULATION, AN AGREEMENT TO BE EXECUTED INCIDENT TO SUCH TRANSFERS. QUESTION "A" IS ANSWERED ACCORDINGLY.

IN REGARD TO QUESTION "B" WE NOTE THAT SECTION 3.2A OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56 AUTHORIZES PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE "PROVIDED THE AGREEMENT REQUIRED IN SUBSECTION 1.3C IS SIGNED.' UNDER OUR DECISION REFERRED TO ABOVE, SUBSECTION 1.3C WOULD NOT BE APPLICABLE TO EMPLOYEES TRANSFERRED WITHIN FOREIGN COUNTRIES OR WITHIN TERRITORIES OR POSSESSIONS OF THE UNITED STATES OUTSIDE THE CONTIGUOUS 48 STATES AND THE DISTRICT OF COLUMBIA. THUS, WE SEE NO REASON WHY SUCH EMPLOYEES WOULD NOT BE ENTITLED TO THE MISCELLANEOUS EXPENSES ALLOWANCE EVEN THOUGH THEY ARE NOT REQUIRED TO SIGN AN AGREEMENT. ALSO, OTHER BENEFITS MIGHT BE PAYABLE TO EMPLOYEES INVOLVED UNDER CIRCULAR NO. A-56 SUCH AS THOSE COVERED BY SECTION 2.5 EVEN THOUGH AN AGREEMENT TO REMAIN IN GOVERNMENT SERVICE IS NOT REQUIRED.