B-161919, AUG. 4, 1967

B-161919: Aug 4, 1967

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DID NOT REPORT TO NEW STATION UNTIL AUG. 15 BECAUSE HE WAS ON SICK LEAVE FROM JULY 13 - AUG. 13. THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR TRANSFER EXPENSES UNDER PUBLIC LAW 89-516. TADLOCK WAS EMPLOYED WITH GSA WAS MOVED FROM DALLAS TO FORT WORTH ON JULY 18. HE WAS ON SICK LEAVE FROM JULY 13 THROUGH AUGUST 13. IN VIEW OF THE FACT THAT HE WOULD HAVE REPORTED TO HIS NEW DUTY STATION ON JULY 18. PROVIDES THAT THE BENEFITS OF THE ACT WILL BE ALLOWABLE TO TRANSFERRED EMPLOYEES WHO REPORTED FOR DUTY AT THEIR NEW OFFICIAL STATION ON OR AFTER JULY 21. THAT THE EXPENSES WHICH ARE REIMBURSABLE UNDER THAT ACT MAY BE PAID ONLY IF THEY WERE INCURRED ON OR AFTER JULY 21. WE HAVE INTERPRETED THE REPORTING-FOR-DUTY REQUIREMENT OF THAT REGULATION AS REFERRING TO THE DAY THE EMPLOYEE PHYSICALLY REPORTS FOR WORK AT HIS NEW DUTY STATION EVEN THOUGH THE REPORTING WAS POSTPONED BY THE GRANTING OF ANNUAL LEAVE.

B-161919, AUG. 4, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TIME FOR BENEFITS DECISION TO CERTIFYING OFFICER OF GSA CONCERNING TIME FOR BENEFITS UNDER PUBLIC LAW 89-516. EMPLOYEE WHO INCIDENT TO TRANSFER FROM DALLAS TO FORT WORTH ON JULY 18, 1966, DID NOT REPORT TO NEW STATION UNTIL AUG. 15 BECAUSE HE WAS ON SICK LEAVE FROM JULY 13 - AUG. 13, AND WHO DID NOT INCURR TRANSFER EXPENSES UNTIL AUG. 9 AND AUG. 18 MAY BE REGARDED AS REPORTING FOR DUTY ON AND AFTER JULY 21, 1967, THE EFFECTIVE DATE FOR PUBLIC LAW 89-516 AND THEREFORE, THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR TRANSFER EXPENSES UNDER PUBLIC LAW 89-516.

TO MR. R. E. PERRY, AUTHORIZED CERTIFYING OFFICER, GENERAL SERVICES ADMINISTRATION, REGION 3:

WE REFER TO YOUR LETTER OF JUNE 30, 1967, REFERENCE 3BCPA, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHER OF MR. ALBERT C. TADLOCK, AN EMPLOYEE OF THE GENERAL SERVICES ADMINISTRATION, FORT WORTH, TEXAS, COVERING REIMBURSEMENT OF CERTAIN EXPENSES INCURRED INCIDENT TO HIS TRANSFER FROM DALLAS, TEXAS, TO FORT WORTH.

THE OFFICE IN WHICH MR. TADLOCK WAS EMPLOYED WITH GSA WAS MOVED FROM DALLAS TO FORT WORTH ON JULY 18, 1966. HE WAS ON SICK LEAVE FROM JULY 13 THROUGH AUGUST 13, 1966, AND DID NOT REPORT TO HIS NEW DUTY STATION UNTIL AUGUST 15. HE INCURRED THE CLAIMED EXPENSES ON AUGUST 9 AND 18, AND MOVED HIS FAMILY TO FORT WORTH ON AUGUST 19.

THE QUESTION HAS BEEN RAISED AS TO WHETHER MR. TADLOCK MAY BE ALLOWED THE BENEFITS PROVIDED FOR TRANSFERRED EMPLOYEES BY THE ACT OF JULY 21, 1966, PUB. L. 89-516, 80 STAT. 323, IN VIEW OF THE FACT THAT HE WOULD HAVE REPORTED TO HIS NEW DUTY STATION ON JULY 18, 1966, IF HE HAD NOT BEEN SICK.

THE COVERING LETTER OF THE REGULATIONS IMPLEMENTING PUB. L. 89-516, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES THAT THE BENEFITS OF THE ACT WILL BE ALLOWABLE TO TRANSFERRED EMPLOYEES WHO REPORTED FOR DUTY AT THEIR NEW OFFICIAL STATION ON OR AFTER JULY 21, 1966, AND THAT THE EXPENSES WHICH ARE REIMBURSABLE UNDER THAT ACT MAY BE PAID ONLY IF THEY WERE INCURRED ON OR AFTER JULY 21.

WE HAVE INTERPRETED THE REPORTING-FOR-DUTY REQUIREMENT OF THAT REGULATION AS REFERRING TO THE DAY THE EMPLOYEE PHYSICALLY REPORTS FOR WORK AT HIS NEW DUTY STATION EVEN THOUGH THE REPORTING WAS POSTPONED BY THE GRANTING OF ANNUAL LEAVE. B-161266, MAY 1, 1967 (COPY ENCLOSED). NO DIFFERENT RULE IS REQUIRED WHEN THE DELAY RESULTED FROM ILLNESS.

THE VOUCHER, WHICH, TOGETHER WITH THE ACCOMPANYING ENCLOSURES, IS HEREWITH RETURNED, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.