B-108678, SEPTEMBER 26, 1952, 32 COMP. GEN. 143
Highlights
PROVIDED ALLOWANCE OF THE EXPENSES IS APPROVED ADMINISTRATIVELY WITH FULL KNOWLEDGE OF THE NECESSITY FOR THE PRIOR RETURN. 1952: REFERENCE IS MADE TO LETTER DATED AUGUST 15. IT BEING STATED THAT THE SECOND QUESTION WAS STATED AMBIGUOUSLY TO THE DEGREE THAT THE ANSWER REQUIRED AN ASSUMPTION NOT WHOLLY IN ACCORDANCE WITH THE INTENT OF THE QUESTION. IT IS CLEAR THAT UPON COMPLETION OF AN AGREED PERIOD OF SERVICE AT AN OVERSEAS POST AND BEING OTHERWISE ELIGIBLE AN EMPLOYEE HAS A VESTED RIGHT TO RETURN TRANSPORTATION FOR HIMSELF AND HIS DEPENDENTS. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THE EMPLOYEE MAY BE REIMBURSED FOR SUCH EXPENSE IF AND WHEN HE COMPLETES HIS EMPLOYMENT AGREEMENT AND MEETS ALL CONDITIONS FOR TRANSPORTATION BENEFITS.
B-108678, SEPTEMBER 26, 1952, 32 COMP. GEN. 143
TRANSPORTATION - DEPENDENTS OF OVERSEAS EMPLOYEES - DEPENDENTS' RETURN PRIOR TO COMPLETION OF EMPLOYEES' ASSIGNMENT AN EMPLOYEE SERVING OVERSEAS UNDER AN EMPLOYMENT CONTRACT WHO RETURNS HIS IMMEDIATE FAMILY TO THE UNITED STATES PRIOR TO COMPLETION OF THE EMPLOYMENT AGREEMENT, MAY BE REIMBURSED FOR EXPENSES INCURRED FROM PERSONAL FUNDS FOR SUCH RETURN UPON COMPLETION OF THE AGREEMENT, PROVIDED ALLOWANCE OF THE EXPENSES IS APPROVED ADMINISTRATIVELY WITH FULL KNOWLEDGE OF THE NECESSITY FOR THE PRIOR RETURN, THE EMPLOYEE ELECTS EITHER TO SERVE AT AN OVERSEAS STATION FOR AN ADDITIONAL PERIOD OR RETURN TO THE UNITED STATES PURSUANT TO TRAVEL ORDERS AUTHORIZING HIS RETURN AT GOVERNMENT EXPENSE, AND THE DEPENDENT QUALIFIES AS A MEMBER OF THE EMPLOYEE'S HOUSEHOLD WITHIN THE MEANING OF THE TERM ,IMMEDIATE FAMILY" AS USED IN APPLICABLE REGULATIONS.
COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE ARMY, SEPTEMBER 26, 1952:
REFERENCE IS MADE TO LETTER DATED AUGUST 15, 1952, FROM THE ACTING SECRETARY OF THE ARMY, REQUESTING FURTHER CONSIDERATION OF THE ANSWER TO THE SECOND QUESTION COVERED IN OFFICE DECISION OF JUNE 25, 1952, B 108678, 31 COMP. GEN. 683, TO YOU, IT BEING STATED THAT THE SECOND QUESTION WAS STATED AMBIGUOUSLY TO THE DEGREE THAT THE ANSWER REQUIRED AN ASSUMPTION NOT WHOLLY IN ACCORDANCE WITH THE INTENT OF THE QUESTION.
THE LETTER OF AUGUST 15, 1952, FURTHER STATES THAT---
UNDER YOUR ANSWER TO QUESTION (A) OF THE EARLIER SUBMISSION, IT IS CLEAR THAT UPON COMPLETION OF AN AGREED PERIOD OF SERVICE AT AN OVERSEAS POST AND BEING OTHERWISE ELIGIBLE AN EMPLOYEE HAS A VESTED RIGHT TO RETURN TRANSPORTATION FOR HIMSELF AND HIS DEPENDENTS. IT FREQUENTLY HAPPENS, HOWEVER, THAT PERSONAL REASONS REQUIRE THAT DEPENDENTS RETURN PRIOR TO COMPLETION OF THE AGREED PERIOD AND, UNDER EXISTING RULES, TRANSPORTATION MUST BE AT PERSONAL EXPENSE. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THE EMPLOYEE MAY BE REIMBURSED FOR SUCH EXPENSE IF AND WHEN HE COMPLETES HIS EMPLOYMENT AGREEMENT AND MEETS ALL CONDITIONS FOR TRANSPORTATION BENEFITS.
UNDER EXISTING LAW AND REGULATIONS PERTAINING TO TRANSPORTATION OF DEPENDENTS OF CIVILIAN EMPLOYEES RETURNING FROM OVERSEAS, THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO REIMBURSEMENT BEING MADE TO AN EMPLOYEE, UPON COMPLETION OF HIS EMPLOYMENT AGREEMENT, OF EXPENSES INCURRED FROM PERSONAL FUNDS FOR PRIOR RETURN OF HIS IMMEDIATE FAMILY PROVIDED (1) ALLOWANCE OF SUCH EXPENSES BE APPROVED ADMINISTRATIVELY WITH FULL KNOWLEDGE OF THE NECESSITY OR COMPELLING REASON FOR THE PRIOR RETURN; (2) THE EMPLOYEE (A) ELECTS TO SERVE AT AN OVERSEAS STATION FOR AN ADDITIONAL PERIOD OR (B) RETURNS TO THE UNITED STATES PURSUANT TO APPROPRIATE TRAVEL ORDERS AUTHORIZING HIS RETURN AT GOVERNMENT EXPENSE; (3) ALL OTHER NECESSARY CONDITIONS FOR SUCH TRANSPORTATION BENEFITS--- SUCH AS BEING A MEMBER OF THE EMPLOYEE'S HOUSEHOLD AND OTHERWISE WITHIN THE TERM,"IMMEDIATE FAMILY," AS USED IN THE APPLICABLE REGULATIONS, AT THE TIME OF THE EMPLOYEE'S RIGHT TO RETURN AT GOVERNMENT EXPENSE--- ARE SATISFIED.