B-160904, MAR. 7, 1967

B-160904: Mar 7, 1967

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TO AUTHORIZED CERTIFYING OFFICER: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16. THE EMPLOYEE CONTRACTED FOR PURCHASE OF A RESIDENCE AT THE NEW STATION AND MOVED HIS FAMILY INTO THE RESIDENCE UNDER AN ARRANGEMENT WHERE HE WOULD PAY $175 RENT PER MONTH UNTIL FINAL PURCHASE ARRANGEMENTS WERE CONSUMMATED. THIS WAS ACCOMPLISHED A MONTH LATER AND THE EMPLOYEE NOW CLAIMS THE FIRST 30 DAYS RENTAL PAYMENT AS AN ALLOWANCE FOR TEMPORARY QUARTERS AS AUTHORIZED BY SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER.

B-160904, MAR. 7, 1967

TO AUTHORIZED CERTIFYING OFFICER:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16, 1967, YOUR REFERENCE 6540, WHEREIN YOU ASK WHETHER A TRAVEL VOUCHER SUBMITTED BY ROBERT B. JOHNS, A FOREST SERVICE EMPLOYEE, CLAIMING BENEFITS AUTHORIZED BY PUB.L. 89-516, AS IMPLEMENTED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56, TRANSMITTAL MEMORANDUM NO. 6, JULY 26, 1966, AND CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966, MAY BE CERTIFIED FOR PAYMENT.

YOU STATE THAT MR. JOHNS' CLAIM INVOLVES SUBSISTENCE EXPENSES FOR HIMSELF AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS AT HIS NEW OFFICIAL STATION. THE EMPLOYEE CONTRACTED FOR PURCHASE OF A RESIDENCE AT THE NEW STATION AND MOVED HIS FAMILY INTO THE RESIDENCE UNDER AN ARRANGEMENT WHERE HE WOULD PAY $175 RENT PER MONTH UNTIL FINAL PURCHASE ARRANGEMENTS WERE CONSUMMATED. THIS WAS ACCOMPLISHED A MONTH LATER AND THE EMPLOYEE NOW CLAIMS THE FIRST 30 DAYS RENTAL PAYMENT AS AN ALLOWANCE FOR TEMPORARY QUARTERS AS AUTHORIZED BY SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

WE NOTE THAT SECTION 2.5B (3) OF CIRCULAR NO. A-56 PROVIDES AS FOLLOWS:

"TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.'

ALTHOUGH MR. JOHNS WAS REQUIRED TO PAY RENT FOR THE PERIOD INVOLVED THAT DOES NOT ALTER THE FACT THAT HE AND HIS FAMILY WERE OCCUPYING PERMANENT RESIDENCE QUARTERS ON OCTOBER 10, 1966, THE DAY AFTER ARRIVAL IN ATLANTA, GEORGIA, THE NEW OFFICIAL STATION. CONSEQUENTLY, THE EMPLOYEE'S CLAIM FOR RENT FROM OCTOBER 10, 1966, TO NOVEMBER 10, 1966, CANNOT BE CONSIDERED AS RENTAL OF TEMPORARY QUARTERS WITHIN THE MEANING OF SECTION 2.5 OF CIRCULAR NO. A-56.

THE VOUCHER IS RETURNED HEREWITH AND THE ITEM OF $175 SHOULD BE DELETED BEFORE THE SAME IS CERTIFIED FOR PAYMENT.