B-160565, JUNE 21, 1968, 47 COMP. GEN. 763

B-160565, JUNE 21, 1968, 47 COMP. GEN. 763

TRAVEL EXPENSES - OVERSEAS EMPLOYEES - TRANSFERS - AGENCY WITHIN THE UNITED STATES THE GOVERNMENT AGENCY ACQUIRING THE SERVICES OF AN OVERSEAS EMPLOYEE WHO INCIDENT TO HIS RETURN TO THE UNITED STATES FOR SEPARATION AND REEMPLOYMENT WITHOUT A BREAK IN SERVICE IS ENTITLED TO REIMBURSEMENT OF TRAVEL EXPENSES BY BOTH THE LOSING AND ACQUIRING AGENCY IN ACCORDANCE WITH 46 COMP. GEN. 628 MAY, IF THE TRANSFER IS NOT FOR THE CONVENIENCE OF THE EMPLOYEE, PURSUANT TO SECTION 2.5 OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, AUTHORIZE PAYMENT OF THE SUBSISTENCE EXPENSES INCURRED WHILE OCCUPYING TEMPORARY QUARTERS AT THE NEW STATION, MISCELLANEOUS EXPENSES, AND PER DIEM FOR THE EMPLOYEE'S FAMILY INCIDENT TO TRAVEL FROM RESIDENCE TO NEW DUTY STATION, NOT TO EXCEED THE PER DIEM PAYABLE FOR DIRECT TRAVEL FROM THE OLD TO THE NEW STATION. TRAVEL EXPENSES - OVERSEAS EMPLOYEES - TRANSFERS - AGENCY WITHIN THE UNITED STATES AN OVERSEAS EMPLOYEE UNDER SEPARATION ORDERS TO A PLACE OF RESIDENCE WHICH IS MORE DISTANT FROM THE OVERSEAS DUTY STATION THAN THE PLACE AT WHICH HE IS EMPLOYED WITHOUT A BREAK IN SERVICE AFTER HIS DEPARTURE FROM THE OVERSEAS DUTY POINT IS ONLY ENTITLED TO REIMBURSEMENT BY THE LOSING AGENCY FOR TRAVEL COSTS TO PLACE OF RESIDENCE. ALTHOUGH THE EMPLOYEE IS NOT ENTITLED TO TRAVEL OR TRANSPORTATION COSTS FROM RESIDENCE TO THE NEW DUTY STATION, NO COLLECTION IS REQUIRED FOR COSTS PAID TO RESIDENCE IN EXCESS OF COSTS FOR DIRECT TRAVEL FROM THE OVERSEAS TO THE NEW STATION. UNDER BUREAU OF THE BUDGET CIRCULAR NO. A 56 THE ACQUIRING AGENCY MAY PAY THE MISCELLANEOUS EXPENSES ALLOWANCE AND REIMBURSE THE EMPLOYEE FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS. HOWEVER, NO PER DIEM ALLOWANCE FOR TRAVEL TIME OF THE EMPLOYEE'S FAMILY IS ALLOWABLE. TRANSPORTATION - HOUSEHOLD EFFECTS - OVERSEAS EMPLOYEES - TRANSFERS - AGENCY WITHIN THE UNITED STATES IF THE TRANSPORTATION OF AN EMPLOYEE'S HOUSEHOLD EFFECTS FROM HIS OVERSEAS DUTY STATION HAS BEEN DELAYED UNTIL AFTER HIS TRANSFER TO A DUTY STATION WITHIN THE UNITED STATES WITHOUT A BREAK IN SERVICE, THE LOSING AGENCY IS RESPONSIBLE FOR THE PAYMENT OF TRANSPORTATION COSTS NOT TO EXCEED THE COST OF RETURNING THE GOODS TO THE EMPLOYEE'S RESIDENCE AND THE GAINING AGENCY IS RESPONSIBLE FOR PAYMENT OF THE BALANCE OF THE COSTS UP TO THE COST OF DIRECT TRANSPORTATION FROM THE OLD TO THE NEW STATION. OFFICERS AND EMPLOYEES - TRANSFERS - SERVICE AGREEMENTS - OVERSEAS EMPLOYEES TRANSFERRED TO UNITED STATES AN OVERSEAS EMPLOYEE RETURNED TO THE UNITED STATES FOR SEPARATION UPON REEMPLOYMENT WITHOUT A BREAK IN SERVICE IS NOT REQUIRED UNDER SECTION 1.OC OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56 TO EXECUTE AN EMPLOYMENT AGREEMENT TO REMAIN IN THE SERVICE. HOWEVER, THE ACQUIRING AGENCY, EITHER BY REGULATION OR OTHERWISE, MAY REQUIRE AN EMPLOYEE TO EXECUTE AN EMPLOYMENT AGREEMENT.

TO THE SECRETARY OF THE AIR FORCE, JUNE 21, 1968:

FURTHER REFERENCE IS MADE TO THE LETTER OF THE UNDER SECRETARY OF THE AIR FORCE, DATED FEBRUARY 13, 1968, WHICH WAS ASSIGNED PER DIEM TRAVEL, AND TRANSPORTATION ALLOWANCE COMMITTEE CONTROL NO. 68-10, CONCERNING THE DIVISION OF COSTS AND THE BENEFITS ALLOWABLE WHEN EMPLOYEES ARE RETURNED FROM OVERSEAS TO THE UNITED STATES FOR SEPARATION AND ARE THEREAFTER REEMPLOYED WITHOUT A BREAK IN SERVICE.

THE UNDER SECRETARY REFERS TO OUR DECISION OF JANUARY 24, 1967, 46 COMP. GEN. 628, INVOLVING THE PROVISION CONTAINED IN 5 U.S.C. 5724 (E) WHICH REQUIRES THAT:

WHEN AN EMPLOYEE TRANSFERS FROM ONE AGENCY TO ANOTHER, THE AGENCY TO WHICH HE TRANSFERS PAYS THE EXPENSES AUTHORIZED BY THIS SECTION.

IN 46 COMP. GEN. 628, WE HELD IN PERTINENT PART AS FOLLOWS:

CONCERNING THE THIRD PROPOSAL, IT IS OUR UNDERSTANDING THAT THE EMPLOYEE WOULD BE RETURNED TO THE PLACE OF HIS ACTUAL RESIDENCE OR SOME OTHER POINT IN THE UNITED STATES FOR SEPARATION. AT THE TIME OF SUCH RETURN TRAVEL HE WOULD NOT HAVE BEEN EMPLOYED BY THE NEW (ACQUIRING) AGENCY TO WHICH HE LATER TRANSFERS. SEE 44 COMP. GEN. 767. IN SUCH A CASE IT WOULD BE PROPER FOR THE OLD (LOSING) AGENCY TO PAY THE EXPENSES INCURRED IN TRAVELING TO THE PLACE OF ACTUAL RESIDENCE OR SOME OTHER SELECTED POINT IN THE UNITED STATES BUT NOT TO EXCEED THE CONSTRUCTIVE COST OF TRAVEL TO THE PLACE OF ACTUAL RESIDENCE.

IF AFTER ARRIVING AT THE PLACE OF ACTUAL RESIDENCE THE EMPLOYEE THEN TRANSFERS TO A NEW (ACQUIRING) AGENCY WITHOUT A BREAK IN SERVICE IT WOULD BE PROPER FOR THE ACQUIRING AGENCY TO PAY THE EXPENSES OF HIS TRAVEL FROM THE PLACE OF ACTUAL RESIDENCE OR OTHER SELECTED POINT TO THE DUTY STATION FOR THE POSITION TO WHICH HE TRANSFERS. THE ALLOWABLE COST COULD NOT EXCEED THE COST OF DIRECT TRAVEL FROM THE OLD TO THE NEW DUTY STATION, LESS THE COST INCURRED BY THE LOSING AGENCY FOR RETURN TRAVEL AS INDICATED ABOVE. * * *

YOU ASK WHETHER THE TRAVEL INVOLVED IN THAT SITUATION IS CONSIDERED TO BE TRAVEL FOR WHICH THE TRANSFER OF STATION BENEFITS PROVIDED BY THE ACT OF JULY 21, 1966, PUBLIC LAW 89-516, 5 U.S.C. 5724, WOULD BE ALLOWABLE.

IN 46 COMP. GEN. 628, ABOVE, THE ACQUIRING AGENCY WAS PERMITTED TO PAY THE COST OF ADDITIONAL TRAVEL FROM THE PLACE OF RESIDENCE TO THE NEW DUTY STATION SUBJECT TO LIMITATIONS AS SET FORTH THEREIN. NO SPECIFIC REFERENCE WAS MADE IN THAT DECISION TO THE TRANSFER BENEFITS PROVIDED FOR UNDER PUBLIC LAW 89-516, NOW 5 U.S.C. 5724A. WE BELIEVE, HOWEVER, THAT IF PAYMENT OF TRAVEL COSTS IS NOT PRECLUDED UNDER THE PROVISIONS OF 5 U.S.C. 5724 (H) PERTAINING TO TRANSFERS PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE OR AT HIS REQUEST, THE ACQUIRING AGENCY IN SUCH CASE MAY AUTHORIZE REIMBURSEMENT TO THE EMPLOYEE FOR SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS IN ACCORDANCE WITH SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A 56. ALSO, THE MISCELLANEOUS EXPENSES ALLOWANCE WOULD BE PAYABLE, AND PER DIEM FOR THE FAMILY WOULD BE ALLOWABLE FOR TRAVEL FROM THE RESIDENCE TO THE NEW DUTY STATION, NOT TO EXCEED IN ANY EVENT PER DIEM FOR TRAVEL TIME DIRECT FROM OLD TO THE NEW DUTY STATION.

IN A SIMILAR SITUATION, EXCEPT THAT THE EMPLOYEE AND HIS FAMILY HAVE TRAVELED UNDER SEPARATION ORDERS TO A PLACE OF RESIDENCE WHICH IS MORE DISTANT FROM THE OVERSEAS DUTY STATION THAN THE PLACE AT WHICH HE IS EMPLOYED WITHOUT A BREAK IN SERVICE AFTER HIS DEPARTURE FROM THE OVERSEAS DUTY POINT, ALL COSTS TO PLACE OF RESIDENCE UNDER THOSE ORDERS ARE PAYABLE BY THE LOSING AGENCY. NO COSTS OF TRAVEL OR TRANSPORTATION ARE ALLOWABLE FROM THE RESIDENCE TO THE NEW DUTY STATION; HOWEVER, NO COLLECTION IS REQUIRED FOR COSTS PAID TO THE RESIDENCE WHICH ARE IN EXCESS OF COSTS WHICH WOULD HAVE BEEN INCURRED FOR DIRECT TRAVEL FROM THE OVERSEAS STATION TO THE NEW DUTY STATION. SEE 44 COMP. GEN. 767. IT WOULD BE PERMISSIBLE IN SUCH CASE, HOWEVER, FOR THE ACQUIRING AGENCY TO PAY THE MISCELLANEOUS EXPENSES ALLOWANCE AND TO REIMBURSE THE EMPLOYEES FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS UNDER CIRCULAR NO. A-56. NO PER DIEM ALLOWANCE FOR TRAVEL TIME OF THE FAMILY WILL BE ALLOWABLE.

IF TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS HAS BEEN DELAYED UNTIL AFTER THE TRANSFER, THE LOSING AGENCY WOULD PAY THE COSTS OF SUCH TRANSPORTATION NOT TO EXCEED THE COST OF RETURNING SUCH GOODS TO THE EMPLOYEE'S RESIDENCE AND THE GAINING AGENCY WOULD PAY THE BALANCE OF SUCH COSTS UP TO THE COST OF DIRECT TRANSPORTATION FROM OLD TO NEW STATION.

THE LAW DOES NOT REQUIRE THAT AN EMPLOYEE EXECUTE AN AGREEMENT TO REMAIN IN THE GOVERNMENT SERVICE IN THE CASE OF SUCH TRANSFERS. THE EMPLOYEE IS REQUIRED TO EXECUTE AN AGREEMENT FOR CONTINUED SERVICE IN CONNECTION WITH SUCH TRANSFERS ONLY TO THE EXTENT THAT THE AGENCY INVOLVED BY REGULATION OR OTHERWISE REQUIRES SUCH AN AGREEMENT. 47 COMP. GEN. 122.