B-161042, MAR. 28, 1967

B-161042: Mar 28, 1967

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SIMS WAS NOTIFIED ON MARCH 25. ON JUNE 22 THE TRAVEL AND TRANSPORTATION OFFICIALLY WAS APPROVED AND MR. SIMS WAS REIMBURSED $71.62 REPRESENTING MILEAGE FOR THE USE OF HIS PRIVATELY OWNED AUTOMOBILE AND THE COMMUTED RATE FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS. WE ASSUME THAT SUCH REIMBURSEMENT WAS MADE UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946. WHICHEVER IS THE LESSER AMOUNT. FAMILY STATUS ARE CONCERNED. READS: "ENTITLEMENT TO THE ALLOWANCES PROVIDED UNDER P.L. 89-516 IS CONDITIONED UPON (A) AN EMPLOYEE OR NEW APPOINTEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21. (B) EXPENSES THAT ARE REIMBURSABLE UNDER THE PROVISIONS OF THE STATUTE AND IMPLEMENTING REGULATIONS BEING INCURRED ON OR AFTER JULY 21.

B-161042, MAR. 28, 1967

TO AUTHORIZED CERTIFYING OFFICER:

YOUR LETTER OF MARCH 9, 1967, REFERENCE 3BCPA, ENCLOSING A VOUCHER FOR $200 IN FAVOR OF MR. PAUL J. SIMS, A CIVILIAN EMPLOYEE OF THE GENERAL SERVICES ADMINISTRATION, FORT WORTH, TEXAS, REQUESTS OUR DECISION WHETHER THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.

YOUR LETTER RELATES THAT MR. SIMS WAS NOTIFIED ON MARCH 25, 1966, THAT THE DALLAS REGIONAL OFFICE WOULD BE MOVED TO FORT WORTH ON OR ABOUT JULY 15, 1966. ON APRIL 14, 1966, HE ACCEPTED IN WRITING AN OFFER OF TRANSFER IN THE SAME POSITION, GRADE, SALARY, STATUS AND ORGANIZATION AS THAT HELD IN DALLAS. IN ANTICIPATION OF THE TRANSFER OF DUTY STATION MR. SIMS CHANGED HIS RESIDENCE FROM DALLAS TO FORT WORTH--- A DISTANCE OF 30 MILES- -- ON JUNE 11, 1966, INCLUDING THE TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HIS HOUSEHOLD GOODS AND EFFECTS. ON JUNE 22 THE TRAVEL AND TRANSPORTATION OFFICIALLY WAS APPROVED AND MR. SIMS WAS REIMBURSED $71.62 REPRESENTING MILEAGE FOR THE USE OF HIS PRIVATELY OWNED AUTOMOBILE AND THE COMMUTED RATE FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS. WE ASSUME THAT SUCH REIMBURSEMENT WAS MADE UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS IT READ AT THE TIME OF CLAIMANT'S CHANGE OF RESIDENCE.

MR. SIMS NOW CLAIMS AN ADDITIONAL $200 FOR MISCELLANEOUS EXPENSES AUTHORIZED BY SECTION 24 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED BY PUB.L. 89-516, APPROVED JULY 21, 1966, 80 STAT. 323, AND SECTION 3.2 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. SECTION 3.2 PROVIDES FOR AN ALLOWANCE OF $200 OR THE EQUIVALENT OF TWO WEEKS' BASIC COMPENSATION, WHICHEVER IS THE LESSER AMOUNT, FOR AN EMPLOYEE WITH IMMEDIATE FAMILY. YOU SAY THAT MR. SIMS WOULD BE ELIGIBLE FOR THE $200 SO FAR AS HIS GRADE, SALARY, AND FAMILY STATUS ARE CONCERNED.

PARAGRAPH 5 OF TRANSMITTAL LETTER OF CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, SECOND SENTENCE, SECOND PARAGRAPH, READS:

"ENTITLEMENT TO THE ALLOWANCES PROVIDED UNDER P.L. 89-516 IS CONDITIONED UPON (A) AN EMPLOYEE OR NEW APPOINTEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21, 1966, AND (B) EXPENSES THAT ARE REIMBURSABLE UNDER THE PROVISIONS OF THE STATUTE AND IMPLEMENTING REGULATIONS BEING INCURRED ON OR AFTER JULY 21, 1966.'

THE CONDITIONS IN THE REGULATIONS FOR ENTITLEMENT TO BENEFITS UNDER PUB.L. 89-516 MUST BE CONSTRUED AS CONJUNCTIVE. MR. SIMS APPEARS TO HAVE MET CONDITION (A) IN THAT HE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION (FORT WORTH) ON AUGUST 27, 1966, AFTER THE EFFECTIVE DATE OF THE IMPLEMENTING REGULATIONS.

THE RECORD IN HIS CASE FAILS TO REFLECT THAT HE MET THE REQUIREMENTS OF CONDITION (B), VIZ., THAT HE INCURRED EXPENSES OF THE NATURE CONTEMPLATED BY SECTION 3 OF THE REGULATIONS ON OR AFTER JULY 21, 1966. MR. SIMS OCCUPIED HIS RESIDENCE IN FORT WORTH ON JUNE 11 AND SINCE THE CONTINGENT COSTS REFERRED TO IN SECTION 3 PRIMARILY ARE OF A NATURE WHICH WOULD BE INCURRED IMMEDIATELY INCIDENT TO A CHANGE OF RESIDENCES, WE ASSUME THAT MOST IF NOT ALL OF SUCH COSTS WERE INCURRED BY HIM PRIOR TO JULY 21, 1966. THUS WE WOULD NOT BE JUSTIFIED IN AUTHORIZING PAYMENT TO MR. SIMS OF THE COMMUTED ALLOWANCE OF $200.

HOWEVER, IF MR. SIMS CAN SUPPORT BY EVIDENCE ACCEPTABLE TO YOUR OFFICE SOME ITEMS OF EXPENSE FALLING WITHIN THE PURVIEW OF SECTION 3 OF THE REGULATIONS, INCURRED BY HIM ON OR AFTER JULY 21, 1966, HE THEN MAY BE ALLOWED $200 AS AUTHORIZED BY SECTION 3.2A (1) (B) OF CIRCULAR NO. A-56.

THE DECISIONS OF OUR OFFICE, I.E., 25 COMP. GEN. 444 AND 27 ID. 97, REFERRED TO IN YOUR LETTER, ARE NOT IN POINT SINCE NEITHER INVOLVED THE GRANTING OF BENEFITS AUTHORIZED BY STATUTES OR IMPLEMENTING EXECUTIVE ORDERS BECOMING EFFECTIVE AFTER THE DATES OF THE MOVES BY THE OFFICERS OR EMPLOYEES CONCERNED.

THEREFORE, ON THE PRESENT RECORD THE VOUCHER TRANSMITTED WITH YOUR LETTER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.