B-162680, NOV. 3, 1967

B-162680: Nov 3, 1967

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EMPLOYEE WHO INCIDENT TO TRANSFER OCCUPIED TEMPORARY QUARTERS AT NEW STATION AND CLAIMS SUBSISTENCE ON ACCOUNT OF HIS FAMILY WHO REMAINED IN THEIR RESIDENCE AT THE OLD STATION IS NOT ENTITLED TO SUBSISTENCE EXPENSES FOR FAMILY WHEN THEY WERE NOT OCCUPYING TEMPORARY QUARTERS. WHICH WAS EFFECTED ON OR ABOUT MARCH 12. SUBJECT TO THE MAXIMUM LIMITATION YOU HAVE BEEN PAID THE SUBSISTENCE EXPENSES YOU INCURRED FOR THAT 30-DAY PERIOD WHILE YOU WERE OCCUPYING TEMPORARY QUARTERS AT YOUR NEW DUTY STATION. 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-162680, NOV. 3, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TEMPORARY LODGING DECISION TO CLAIMANT CONCERNING APPEAL OF DISALLOWANCE OF CLAIM FOR ADDITIONAL SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO TRANSFER FROM JEFFERSON BARRACKS, MO. TO WASHINGTON, D.C. EMPLOYEE WHO INCIDENT TO TRANSFER OCCUPIED TEMPORARY QUARTERS AT NEW STATION AND CLAIMS SUBSISTENCE ON ACCOUNT OF HIS FAMILY WHO REMAINED IN THEIR RESIDENCE AT THE OLD STATION IS NOT ENTITLED TO SUBSISTENCE EXPENSES FOR FAMILY WHEN THEY WERE NOT OCCUPYING TEMPORARY QUARTERS.

TO MR. BILLY J. CAMPBELL:

WE REFER TO YOUR LETTER OF SEPTEMBER 25, 1967, BY WHICH YOU REQUEST THAT WE REVIEW THE SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED AUGUST 30, 1967, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO YOUR TRANSFER OF STATION FROM JEFFERSON BARRACKS, MISSOURI, TO WASHINGTON, D.C., WHICH WAS EFFECTED ON OR ABOUT MARCH 12, 1967.

YOU CLAIM REIMBURSEMENT OF THE SUBSISTENCE EXPENSES OF YOUR IMMEDIATE FAMILY FOR THE PERIOD MARCH 12 THROUGH APRIL 10, 1967, WHILE THEY REMAINED IN YOUR RESIDENCE AT YOUR OLD DUTY STATION. SUBJECT TO THE MAXIMUM LIMITATION YOU HAVE BEEN PAID THE SUBSISTENCE EXPENSES YOU INCURRED FOR THAT 30-DAY PERIOD WHILE YOU WERE OCCUPYING TEMPORARY QUARTERS AT YOUR NEW DUTY STATION.

SUBSECTION 2.5B (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES:

"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.'

SINCE YOUR IMMEDIATE FAMILY HAD NOT VACATED THEIR RESIDENCE QUARTERS AT THE OLD DUTY STATION THEY WERE NOT RESIDING IN TEMPORARY QUARTERS AS DEFINED BY THE CONTROLLING REGULATIONS DURING THE PERIOD IN QUESTION.

SUBSECTION 2.5B (5) OF CIRCULAR NO. A-56 WHICH YOU CITE RELATES ONLY TO THE RUNNING OF THE 30-DAY OR 60-DAY PERIOD DURING WHICH SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS MAY BE REIMBURSED BY THE GOVERNMENT. THAT SUBSECTION DOES NOT AUTHORIZE REIMBURSEMENT OF SUBSISTENCE EXPENSES INCURRED BY AN EMPLOYEE OR BY THE MEMBERS OF HIS IMMEDIATE FAMILY WHILE THEY ARE NOT OCCUPYING TEMPORARY QUARTERS. DURING THE PERIOD MARCH 12 TO APRIL 10, 1967, YOU WERE OCCUPYING TEMPORARY QUARTERS AT YOUR NEW OFFICIAL STATION BUT YOUR IMMEDIATE FAMILY REMAINED IN YOUR PERMANENT QUARTERS AT THE OLD OFFICIAL STATION. IN THE CIRCUMSTANCES ONLY THE SUBSISTENCE EXPENSES YOU INCURRED MAY BE CONSIDERED FOR REIMBURSEMENT.

FOR THE REASONS STATED THE SETTLEMENT OF AUGUST 30, 1967, IS SUSTAINED.