B-161020, MARCH 17, 1967, 46 COMP. GEN. 705

B-161020: Mar 17, 1967

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OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - HOUSE LEASE AT OLD DUTY STATION THE EXPENSES INCURRED BY A CIVILIAN EMPLOYEE IN LEASING A FORMER DWELLING AT HIS OLD DUTY STATION ARE NOT REIMBURSABLE EXPENSES CONTEMPLATED BY SECTION 2 OF PUBLIC LAW 89-516. THE AUTHORITY FOR REIMBURSING AN EMPLOYEE FOR EXPENSES INCURRED IN DISPOSING OF OR RELINQUISHING A FORMER RESIDENCE FOLLOWING A TRANSFER OF OFFICIAL STATION IS THAT CONTAINED IN SECTION 2 OF PUBLIC LAW89-516. THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.

B-161020, MARCH 17, 1967, 46 COMP. GEN. 705

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - HOUSE LEASE AT OLD DUTY STATION THE EXPENSES INCURRED BY A CIVILIAN EMPLOYEE IN LEASING A FORMER DWELLING AT HIS OLD DUTY STATION ARE NOT REIMBURSABLE EXPENSES CONTEMPLATED BY SECTION 2 OF PUBLIC LAW 89-516, AND SECTION 4 OF THE IMPLEMENTING REGULATION, THE BUREAU OF THE BUDGET CIRCULAR A-56, REVISED OCTOBER 12, 1966, IN PROVIDING FOR THE REIMBURSEMENT OF THE EXPENSES INCURRED IN THE SALE OF OR THE TERMINATION OF A LEASE OF REAL ESTATE AT THE FORMER RESIDENCE OF AN EMPLOYEE TRANSFERRED TO A NEW OFFICIAL STATION AND, THEREFORE, THE EMPLOYEE MAY NOT BE REIMBURSED FOR THE EXPENSES OF NEWSPAPER ADVERTISING AND THE SERVICES OF A REAL ESTATE AGENT IN LEASING HIS HOUSE AT HIS FORMER PLACE OF RESIDENCE.

TO MARY E. SMITH, FEDERAL AVIATION AGENCY, MARCH 17, 1967:

YOUR LETTER OF FEBRUARY 15, 1967, REFERENCE SW-24, TRANSMITTED HERE THROUGH THE FEDERAL AVIATION AGENCY, WASHINGTON, D.C., ENCLOSED A VOUCHER FOR $220.11 IN FAVOR OF MR. JERRY H. VIRDEN, A CIVILIAN EMPLOYEE OF THE AGENCY, COVERING EXPENSES INCURRED BY HIM INCIDENT TO LEASING HIS FORMER DWELLING IN OKLAHOMA CITY UPON HIS TRANSFER TO SAN ANTONIO, TEXAS, IN NOVEMBER 1966.

THE CHARGES FOR WHICH THE CLAIMANT SEEKS REIMBURSEMENT COVER NEWSPAPER ADVERTISEMENT COSTS AND THE REAL ESTATE RENTAL AGENT'S COMMISSION AND MANAGEMENT FEES.

THE AUTHORITY FOR REIMBURSING AN EMPLOYEE FOR EXPENSES INCURRED IN DISPOSING OF OR RELINQUISHING A FORMER RESIDENCE FOLLOWING A TRANSFER OF OFFICIAL STATION IS THAT CONTAINED IN SECTION 2 OF PUBLIC LAW89-516, 5 U.S.C. 5724A, AND IMPLEMENTING REGULATIONS PROMULGATED BY THE BUREAU OF THE BUDGET CIRCULAR NO. A-56 (SECTION 4), REVISED OCTOBER 12, 1966. THE STATUTE AND REGULATIONS AUTHORIZE REIMBURSEMENT OF EXPENSES OF A SALE OF OR THE TERMINATION OF A LEASE OF REAL ESTATE AT AN EMPLOYEE'S FORMER RESIDENCE UPON HIS TRANSFER TO A NEW OFFICIAL STATION. HOWEVER, NEITHER THE STATUTE NOR THE REGULATIONS PURPORT TO AUTHORIZE REIMBURSEMENT OF EXPENSES INCURRED BY AN EMPLOYEE IN LEASING HIS HOUSE AT HIS FORMER PLACE OF RESIDENCE.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.