B-161562, NOV. 2, 1967

B-161562, NOV. 2, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - APPLIANCE COSTS DECISION TO EMPLOYEE OF ESSA CONCERNING REVIEW OF DISALLOWANCE OF CLAIM FOR MISCELLANEOUS EXPENSES INCIDENT TO TRANSFER FROM UTICA, NEW YORK TO WASHINGTON, D.C. EMPLOYEE WHO INCIDENT TO TRANSFER CLAIMS $55 FOR INSTALLATION OF 220 VOLT CIRCUIT AND $32 FOR VENTING OF A DRYER HAD SUCH EXPENSES PROPERLY DISALLOWED ON THE BASIS THAT COSTS OF STRUCTURAL ALTERATIONS TO ACCOMMODATE APPLIANCES AS DISTINGUISHED FROM COSTS OF CONNECTING APPLIANCES ARE NOT PAYABLE AND THE COST OF THE INSTALLATION OF THE CIRCUIT IS A CAPITAL IMPROVEMENT. COSTS FOR LEGAL SERVICES FOR TITLE SEARCH, AND FOR PREPARATION OF CONVEYANCE DOCUMENTS INCIDENT TO SALE OF HOUSE AT OLD STATION AND FOR SIMILAR SERVICES FOR PURCHASING OF HOME AT NEW STATION MAY NOT BOTH BE ALLOWED. EMPLOYEE MAY ELECT TO BE REIMBURSED FOR SUCH COSTS AT ONLY ONE STATION.

TO MR. BYRON BAILIN:

WE REFER TO YOUR LETTER OF SEPTEMBER 22, 1967, WITH ENCLOSURES, REFERENCE PL, IN WHICH YOU ASK RECONSIDERATION OF CERTAIN ITEMS DISALLOWED OR WITHHELD IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF JULY 11, 1967.

THE SPECIFIC ITEMS UPON WHICH REVIEW IS REQUESTED ARE (1) THE INSTALLATION OF A 220 VOLT CIRCUIT ($55) AND THE VENTING OF A DRYER($32), (2) A RECORD TITLE EXAMINATION IN CONNECTION WITH THE PURCHASE OF A DWELLING IN SILVER SPRING ($147.50) AND (3) A TITLE SEARCH, PREPARING OF CONVEYANCES AND OTHER INSTRUMENTS AND RELATED LEGAL SERVICES IN CONNECTION WITH SALE OF YOUR DWELLING IN UTICA, NEW YORK ($165.70).

ITEM (1) WAS ADMINISTRATIVELY WITHHELD BECAUSE OF ABSENCE OF SUPPORTING DOCUMENTS. THEREAFTER, THE ITEM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT ON THE GROUND THAT THE INSTALLATION FELL WITHIN THE PURVIEW OF SECTION 3.1C (12) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, PROHIBITING COSTS OF STRUCTURAL ALTERATIONS, REMODELING OR MODERNIZING OF LIVING QUARTERS TO ACCOMMODATE APPLIANCES, RATHER THAN SECTION 3.1B (1) THEREOF COVERING THE COST OF CONNECTING APPLIANCES AND THE COST OF CONVERTING APPLIANCES FOR OPERATION ON AVAILABLE UTILITIES. IN THAT REGARD WE POINT OUT THAT THE INSTALLATION OF A 220 VOLT CIRCUIT IN A DWELLING HOUSE IS A CAPITAL IMPROVEMENT AND AS SUCH IS MORE APPROPRIATELY IDENTIFIED WITH SECTION 3.1C (12) THAN SECTION 3.1B (1). FURTHER, IN THE CONSIDERATION OF YOUR CLAIM FOR MISCELLANEOUS EXPENSES BY THE GENERAL ACCOUNTING OFFICE YOU WERE ALLOWED THE AMOUNT OF $40.50 REPRESENTING THE DIFFERENCE BETWEEN $159.50, REIMBURSED TO YOU FOR MISCELLANEOUS EXPENSES BY YOUR AGENCY AND THE AUTHORIZED COMMUTED AMOUNT OF $200 WHICH MAY BE ALLOWED WITHOUT SPECIFIC SUPPORT OR EXPRESS APPROVAL OF YOUR AGENCY. UPON REVIEW OUR OFFICE SETTLEMENT WITH RESPECT TO ITEM NO. 1, IS SUSTAINED.

ITEMS NOS. 2 AND 3, UPON WHICH ACTION WAS WITHHELD IN THE SETTLEMENT OF JULY 11, 1967, NOW APPEAR TO BE ADEQUATELY SUPPORTED OR EXPLAINED. HOWEVER, WE DIRECT YOUR ATTENTION TO SECTION 4.2C OF THE BUDGET CIRCULAR WHICH READS IN PART AS FOLLOWS:

"LEGAL AND RELATED COSTS. * * * CUSTOMARY COSTS OF SEARCHING TITLE, PREPARING CONVEYANCES AND OTHER INSTRUMENTS, AND PREPARING CONTRACTS * * * MAY BE REIMBURSED EITHER WITH RESPECT TO SALE OF THE RESIDENCE AT THE OLD OFFICIAL STATION OR PURCHASE OF A DWELLING AT THE NEW OFFICIAL STATION, BUT THE SAME TYPES OF COSTS SHALL NOT BE PAID AT BOTH LOCATIONS. * * *"

THE LEGAL SERVICES RENDERED IN UTICA AND IN SILVER SPRING APPEAR TO COVER SIMILAR SERVICES WITH RESPECT TO THE RECORD TITLE EXAMINATIONS AND PREPARATION OF DOCUMENTS. THEREFORE, SUCH COSTS AT BOTH LOCATIONS MAY NOT BE ALLOWED. WE ASSUME THAT YOU WOULD ELECT TO BE REIMBURSED THE LARGER AMOUNT OF $165.70 REPRESENTING THE COST OF LEGAL SERVICE ARISING FROM THE SALE OF YOUR RESIDENCE AT YOUR OLD OFFICIAL STATION.

THEREFORE, OUR CLAIMS DIVISION IS BEING INSTRUCTED TODAY TO ISSUE A SUPPLEMENTAL SETTLEMENT IN YOUR FAVOR FOR $155.70. ($165.70 LESS $10 FEE PREVIOUSLY ALLOWED IN YOUR AGENCY'S VOUCHER FOR PREPARATION OF DEED ON THE PURCHASE OF A HOUSE.)

IN OTHER RESPECTS OUR OFFICE SETTLEMENT OF JULY 11, 1967, IS SUSTAINED.