B-189189, MAR. 30, 1978, 57 COMP.GEN. 389

B-189189, MAR. 30, 1978, 57 COMP.GEN. 389

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - TEMPORARY QUARTERS - SUBSISTENCE EXPENSES - HUSBAND AND WIFE BOTH CIVILIAN EMPLOYEES HUSBAND AND WIFE, BOTH CIVILIAN EMPLOYEES OF MARINE CORPS IN PHILADELPHIA, WERE AUTHORIZED TEMPORARY QUARTERS SUBSISTENCE EXPENSES INCIDENT TO TRANSFER TO ALBANY, GEORGIA. WHERE TRANSFERS WERE APPROXIMATELY 2 WEEKS APART, WIFE WAS ENTITLED TO TEMPORARY QUARTERS SUBSISTENCE EXPENSES AS EMPLOYEES AS OF DATE HUSBAND DEPARTED SHARED TEMPORARY QUARTERS AT OLD STATION FOR NEW DUTY STATION. WHILE FEDERAL TRAVEL REGULATIONS PARA. 2-1.5C PROVIDES THAT WHERE MEMBERS OF IMMEDIATE FAMILY ARE ENTITLED TO ALLOWANCES INCIDENT TO TRANSFER ONLY ONE IS ELIGIBLE AS EMPLOYEE, RESTRICTION IS ONLY APPLICABLE TO TRANSFERS WHICH OCCUR AT SAME TIME.

IN THE MATTER OF ROBERTA J. SHOAF-- TEMPORARY QUARTERS SUBSISTENCE EXPENSES-- HUSBAND AND WIFE BOTH EMPLOYEES, MARCH 30, 1978:

THIS ACTION IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION BY MR. LEON A. GUIMOND, A DISBURSING OFFICER WITH THE UNITED STATES MARINE CORPS LOGISTICS SUPPORT BASE, ATLANTIC, IN ALBANY, GEORGIA, CONCERNING WHETHER MS. ROBERTA J. SHOAF, A CIVILIAN EMPLOYEE OF THE MARINE CORPS, IS ENTITLED TO PAYMENT OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES (TQSE) FOR THE PERIOD JANUARY 6 THROUGH JANUARY 13, 1976, IN THE AMOUNT OF $227.67.

THE RECORD SHOWS THAT MS. SHOAF AND HER HUSBAND WERE BOTH EMPLOYEES OF THE MARINE CORPS SUPPLY ACTIVITY, PHILADELPHIA, PENNSYLVANIA, AND THAT THEY WERE BOTH AUTHORIZED A TRANSFER TO THE MARINE CORPS LOGISTICS SUPPORT ACTIVITY, ALBANY, GEORGIA. INCIDENT TO THIS TRANSFER, MS. SHOAF AND HER HUSBAND WERE INITIALLY SCHEDULED BY THE AGENCY TO DEPART PHILADELPHIA ON DECEMBER 24, 1975. HOWEVER, ON DECEMBER 3, 1975, THE MARINE CORPS RESCHEDULED MS. SHOAF'S DEPARTURE FROM PHILADELPHIA FROM DECEMBER 24, 1975, TO JANUARY 13, 1976. IN CONNECTION WITH THIS CHANGE IN HER TRAVEL ORDERS MS. SHOAF'S NEW ORDER DATED DECEMBER 18, 1975, IN PERTINENT PART, AUTHORIZED THAT SHE BE PAID THE FULL RATE FOR TEMPORARY QUARTERS ALLOWANCES FOR THE ENTIRE PERIOD THAT SHE WOULD REMAIN IN TEMPORARY QUARTERS IN THE PHILADELPHIA AREA. MS. SHOAF AND HER HUSBAND BOTH VACATED THEIR PERMANENT RESIDENCE IN THE PHILADELPHIA AREA ON DECEMBER 22, 1975, AND ON DECEMBER 23, 1975, OCCUPIED TEMPORARY QUARTERS IN HADDON HEIGHTS, NEW JERSEY. ON DECEMBER 29, 1975, MR. SHOAF DEPARTED THE PHILADELPHIA AREA AND MOVED INTO A PERMANENT RESIDENCE IN THE ALBANY, GEORGIA, AREA AT HIS NEW HEADQUARTERS ON JANUARY 5, 1976.

CONCERNING THE LENGTH OF TIME FOR ENTITLEMENT TO TEMPORARY QUARTERS ALLOWANCES AT GOVERNMENT EXPENSE IN CONNECTION WITH A TRANSFER PARA. 2 5.2(F) OF THE FEDERAL TRAVEL REGULATIONS (FTR) (FPMR 101-7, MAY 1973) PROVIDES IN PERTINENT PART AS FOLLOWS:

* * * THE PERIOD OF ELIGIBILITY SHALL TERMINATE WHEN THE EMPLOYEE OR ANY MEMBER OF HIS IMMEDIATE FAMILY OCCUPIES PERMANENT RESIDENCE QUARTERS OR WHEN THE ALLOWABLE TIME LIMIT EXPIRES WHICHEVER OCCURS FIRST.

ACCORDINGLY, THE AGENCY HAS DETERMINED THAT MS. SHOAF'S ENTITLEMENT TO TEMPORARY QUARTERS SUBSISTENCE EXPENSES TERMINATED ON JANUARY 5, 1976, THE DATE ON WHICH HER HUSBAND OCCUPIED PERMANENT QUARTERS AT HIS NEW DUTY STATION IN ALBANY, GEORGIA. THE AGENCY ASSERTS THAT MS. SHOAF'S AMENDED TRANSFER ORDERS OF DECEMBER 18, 1975, AUTHORIZING MS. SHOAF FULL TEMPORARY QUARTERS SUBSISTENCE EXPENSES WERE INVALID SINCE AS A DEPENDENT FAMILY MEMBER OF A GOVERNMENT EMPLOYEE, MS. SHOAF WAS NOT ENTITLED TO A SEPARATE ALLOWANCE FOR THE EXPENSES OF TEMPORARY QUARTERS. THE AGENCY CITES AS AUTHORITY FOR LIMITING MS. SHOAF'S ENTITLEMENT TO TEMPORARY QUARTERS SUBSISTENCE EXPENSES VOLUME 2 OF THE JOINT TRAVEL REGULATIONS (JTR) PARA. C13005-2A WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:

2. REIMBURSEMENT LIMITATION

A. GENERAL. WHEN IN THE SAME HOUSEHOLD AN EMPLOYEE'S SPOUSE OR OTHER DEPENDENT ALSO IS AN EMPLOYEE, ELIGIBILITY FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES ALLOWANCE WILL BE LIMITED TO THAT FOR AN EMPLOYEE WITH DEPENDENTS. SEPARATE ENTITLEMENT WILL NOT BE ALLOWED FOR EACH AS AN EMPLOYEE. THE AMOUNT WHICH MAY BE REIMBURSED WILL BE THE LESSER OF EITHER THE ACTUAL AMOUNT OF ALLOWABLE EXPENSES INCURRED FOR EACH 10-DAY PERIOD OR THE AMOUNT ALLOWABLE IN ACCORDANCE WITH THE PERIODS COVERED IN SUBPARS. THROUGH D.

THE ABOVE-CITED REGULATION IS APPARENTLY BASED ON PARA. 2-1.5C OF THE FTR WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:

C. TWO FAMILY MEMBERS EMPLOYED. EXCEPT AS PROVIDED IN 2-1.5H(3)(A), IF TWO OR MORE MEMBERS OF AN IMMEDIATE FAMILY ARE ENTITLED TO ALLOWANCES UNDER THESE REGULATIONS AS GOVERNMENT EMPLOYEES INCIDENT TO MOVEMENTS BETWEEN OFFICIAL STATIONS, THEIR OLD AND NEW STATIONS, RESPECTIVELY, BEING LOCATED CLOSE TOGETHER, THE ALLOWANCES AUTHORIZED IN THE REGULATIONS WILL APPLY ONLY TO ONE MEMBER; THE OTHER IS ELIGIBLE AS A FAMILY MEMBER ONLY. THE SAME LIMITATIONS APPLY TO NEW APPOINTEES, OVERSEAS EMPLOYEES RETURNING TO PLACES OF ACTUAL RESIDENCE FOR SEPARATION, AND COMBINATIONS OF EMPLOYEES OTHERWISE ELIGIBLE.

WE DO NOT BELIEVE THAT THE RESTRICTION ON REIMBURSEMENT INCIDENT TO A TRANSFER CONTAINED IN PARA. 2-1.5C OF THE FTR IS APPLICABLE IN THIS CASE. WHILE NOT EXPLICITLY STATING SO, FTR PARA. 2-1.5C IS APPARENTLY INTENDED TO APPLY ONLY TO THOSE SITUATIONS WHERE GOVERNMENT EMPLOYEES, WHO ARE MEMBERS OF THE SAME IMMEDIATE FAMILY, ARE TRANSFERRED AT THE SAME TIME. THE APPARENT PURPOSE OF THE RESTRICTION IS TO PRECLUDE DUPLICATE PAYMENTS FOR THE SAME PURPOSES FOR EXPENSES INCIDENT TO WHAT IS ESSENTIALLY A SINGLE RELOCATION. PARAGRAPH 2-1.5C OF THE FTR DOES NOT OPERATE TO PRECLUDE THE SEPARATE AUTHORIZATION OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES WHERE MEMBERS OF THE SAME IMMEDIATE FAMILY WHO ARE GOVERNMENT EMPLOYEES ARE TRANSFERRED AT DISTINCTLY DIFFERENT TIMES AND THE EXPENSES OF TEMPORARY QUARTERS ARE INCIDENT TO EACH EMPLOYEE'S TRANSFER.

SINCE MS. SHOAF RESIDED WITH HER HUSBAND IN TEMPORARY QUARTERS IN THE PHILADELPHIA AREA UNTIL DECEMBER 28, 1975, IN ORDER TO PREVENT A DUPLICATE PAYMENT WHERE REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES IS RESTRICTED TO THAT OF A DEPENDENT. HOWEVER, FOR THE PERIOD DECEMBER 29, 1975, UNTIL JANUARY 13, 1976, MS. SHOAF IS ENTITLED TO TEMPORARY QUARTERS SUBSISTENCE EXPENSES AS AN EMPLOYEE IN CONNECTION WITH HER TRANSFER AS WAS AUTHORIZED IN HER AMENDED TRAVEL ORDER OF DECEMBER 18, 1975.

IN ACCORDANCE WITH THE ABOVE, THE VOUCHER IN THE AMOUNT OF $227.67 MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.