B-162681, NOV. 3, 1967

B-162681: Nov 3, 1967

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BECAUSE THE OFFICE WAS NOT OPEN HE DID NOT REPORT FOR DUTY UNTIL JULY 21. MAY HAVE THE ACTUAL DAY OF REPORTING FOR WORK REGARDED AS GOVERNING THE SITUATION AND THEREFORE. THE EMPLOYEE IS ELIGIBLE FOR TRANSFER BENEFITS UNDER PUBLIC LAW 89-516. THE VOUCHER IS IN THE AMOUNT OF $334.56 AND REPRESENTS EXPENSES FOR TEMPORARY QUARTERS. THE EMPLOYEE WAS DIRECTED TO COMMENCE HIS TRAVEL ON OR ABOUT JULY 17. THE TRANSFER WAS EFFECTIVE ON JULY 17. HIS DUTY STATION WAS NOT OPEN AT THAT TIME SO HE ACTUALLY REPORTED FOR DUTY ON JULY 21. YOU INQUIRE AS TO WHETHER HE IS ELIGIBLE FOR THE BENEFITS UNDER PUB.L. 89-516. PROVIDES THAT ENTITLEMENT TO THE ALLOWANCES UNDER PUB.L. 89-516 IS CONDITIONED UPON AN EMPLOYEE REPORTING FOR DUTY ON OR AFTER JULY 21.

B-162681, NOV. 3, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TIME FOR BENEFITS DECISION TO CERTIFYING OFFICER OF THE DEPT. OF THE INTERIOR BUREAU OF RECLAMATION AS TO PROPRIETY OF CERTIFYING FOR PAYMENT EXPENSES INCIDENT TO TRANSFER OF EMPLOYEE. EMPLOYEE WHO ARRIVED AT HIS NEW OFFICIAL STATION AT 5:45 P.M. ON JULY 20, 1966, BUT BECAUSE THE OFFICE WAS NOT OPEN HE DID NOT REPORT FOR DUTY UNTIL JULY 21, 1966, MAY HAVE THE ACTUAL DAY OF REPORTING FOR WORK REGARDED AS GOVERNING THE SITUATION AND THEREFORE, THE EMPLOYEE IS ELIGIBLE FOR TRANSFER BENEFITS UNDER PUBLIC LAW 89-516, INCURRED ON OR AFTER JULY 21, 1966.

TO MRS. NEDRA A. BLACKWELL:

WE REFER TO YOUR LETTER OF OCTOBER 9, 1967, REFERENCE 360, REQUESTING OUR DECISION ON THE VOUCHER OF PAUL R. WORTHINGTON, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, FOR REIMBURSEMENT UNDER PUB.L. 89-516, APPROVED JULY 21, 1966, 80 STAT. 323, OF EXPENSES HE INCURRED INCIDENT TO TRANSFER OF HIS OFFICIAL STATION FROM CASTLE DALE, UTAH, TO SPOKANE, WASHINGTON.

THE VOUCHER IS IN THE AMOUNT OF $334.56 AND REPRESENTS EXPENSES FOR TEMPORARY QUARTERS, MISCELLANEOUS EXPENSES, AND EXPENSES IN CONNECTION WITH THE PURCHASE OF A DWELLING. THE EMPLOYEE WAS DIRECTED TO COMMENCE HIS TRAVEL ON OR ABOUT JULY 17, 1966, AND ACCORDING TO THE STANDARD FORM 50, NOTIFICATION OF PERSONNEL ACTION, THE TRANSFER WAS EFFECTIVE ON JULY 17, 1966. THE TRAVEL DIARY SHOWS THAT THE EMPLOYEE DEPARTED CASTLE DALE ON JULY 16 AT 4 P.M. AND ARRIVED AT SPOKANE ON JULY 20 AT 5:45 P.M. HIS DUTY STATION WAS NOT OPEN AT THAT TIME SO HE ACTUALLY REPORTED FOR DUTY ON JULY 21, 1966, AT 8 A.M. YOU INQUIRE AS TO WHETHER HE IS ELIGIBLE FOR THE BENEFITS UNDER PUB.L. 89-516.

PARAGRAPH 5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES THAT ENTITLEMENT TO THE ALLOWANCES UNDER PUB.L. 89-516 IS CONDITIONED UPON AN EMPLOYEE REPORTING FOR DUTY ON OR AFTER JULY 21, 1966, AND EXPENSES BEING INCURRED ON OR AFTER THAT DATE.

WE ENCLOSE COPIES OF OUR DECISIONS B-161266, MAY 1, 1967, AND B 161859, JULY 11, 1967, WHEREIN IT IS STATED THAT THE REPORTING TO DUTY REQUIREMENT OF THAT REGULATION REFERS TO THE DAY THE EMPLOYEE PHYSICALLY REPORTS FOR WORK AT HIS NEW DUTY STATION. SINCE MR. WORTHINGTON WAS UNABLE TO REPORT FOR WORK UNTIL JULY 21, 1966, HE IS TO BE REGARDED AS MEETING THE REQUIREMENT OF THE REGULATION AND IS ENTITLED TO THE ALLOWANCES PROVIDED UNDER PUB.L. 89-516. ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY IF OTHERWISE CORRECT BE CERTIFIED FOR PAYMENT.