B-162772, NOV. 13, 1967

B-162772: Nov 13, 1967

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EMPLOYEE WHO HAS BEEN REIMBURSED FOR MORTGAGE TITLE POLICY PROTECTING LENDING INSTITUTION AND WHO CLAIMS REIMBURSEMENT FOR FEE POLICY OF TITLE INSURANCE WHICH IS FOR PROTECTION OF EMPLOYEE-OWNER MUST HAVE SUCH INSURANCE REGARDED AS WITHIN OWNER'S TITLE POLICIES AS USED IN SEC. 4.2D. A-56 AND THEREFORE SUCH COST IS NOT REIMBURSABLE. THE POLICY FOR WHICH REIMBURSEMENT NOW IS CLAIMED IS ONE FOR THE PROTECTION OF THE EMPLOYEE (OWNER). BUREAU OF THE BUDGET AND THE APPLICABLE BUDGET REGULATION IS SECTION 4.2D OF BUREAU OF THE BUDGET CIRCULAR NO. WHICH READS IN PART AS FOLLOWS: "* * * THE COST OF A MORTGAGE TITLE POLICY ON THE DWELLING PURCHASED BY THE EMPLOYEE IS ALSO REIMBURSABLE. INSURANCE AGAINST DAMAGE OR LOSS OF PROPERTY ARE NOT REIMBURSABLE. * * *" UNDER THE CLEAR WORDING OF THE REGULATION OWNERS' TITLE POLICIES AND ANY OTHER INSURANCE OBTAINED FOR THE PROTECTION OF THE OWNER ARE NOT REIMBURSABLE.

B-162772, NOV. 13, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - HOME SALE OR PURCHASE EXPENSES DECISION TO CERTIFYING OFFICER OF F.B.I. CONCERNING PROPRIETY OF REIMBURSING TRANSFERRED EMPLOYEE FOR COST OF FEE POLICY OF TITLE INSURANCE INCIDENT TO PURCHASE OF HOME AT NEW OFFICIAL STATION (NEW YORK). EMPLOYEE WHO HAS BEEN REIMBURSED FOR MORTGAGE TITLE POLICY PROTECTING LENDING INSTITUTION AND WHO CLAIMS REIMBURSEMENT FOR FEE POLICY OF TITLE INSURANCE WHICH IS FOR PROTECTION OF EMPLOYEE-OWNER MUST HAVE SUCH INSURANCE REGARDED AS WITHIN OWNER'S TITLE POLICIES AS USED IN SEC. 4.2D, BOB CIR. A-56 AND THEREFORE SUCH COST IS NOT REIMBURSABLE. B-161459, JUNE 27, 1967.

TO MR. MAURICE F. ROW:

YOUR LETTER OF OCTOBER 19, 1967, REQUESTS OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER IN FAVOR OF MR. PAUL M. CONRAD COVERING THE COST ($87) OF "FEE POLICY OF TITLE INSURANCE" INCURRED INCIDENT TO THE PURCHASE OF A HOME AT HIS NEW OFFICIAL STATION (NEW YORK CITY) FOLLOWING HIS TRANSFER FROM NEW ORLEANS, LOUISIANA, IN JUNE 1967.

BASED UPON THE INFORMATION TRANSMITTED HERE, WE UNDERSTAND THAT THE CLAIMANT ALREADY HAS BEEN REIMBURSED THE COST OF A MORTGAGE TITLE POLICY PROTECTING THE LENDING INSTITUTION. THE POLICY FOR WHICH REIMBURSEMENT NOW IS CLAIMED IS ONE FOR THE PROTECTION OF THE EMPLOYEE (OWNER).

WHILE AMONG OTHER THINGS, PUB. L. 89-516, PROVIDES THAT APPROPRIATIONS AVAILABLE FOR ADMINISTRATIVE EXPENSES SHALL BE AVAILABLE FOR REIMBURSEMENT OF ALL OR PART OF THE EXPENSES INCIDENT TO THE PURCHASE OF A HOME AT A NEW OFFICIAL STATION, THAT LAW ALSO MAKES REIMBURSEMENT OF SUCH EXPENSES SUBJECT TO SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE. THE REGULATORY AUTHORITY UNDER THAT ACT HAS BEEN DELEGATED TO THE DIRECTOR, BUREAU OF THE BUDGET AND THE APPLICABLE BUDGET REGULATION IS SECTION 4.2D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WHICH READS IN PART AS FOLLOWS:

"* * * THE COST OF A MORTGAGE TITLE POLICY ON THE DWELLING PURCHASED BY THE EMPLOYEE IS ALSO REIMBURSABLE. COSTS OF OTHER TYPES OF INSURANCE, INCLUDING -RECORD TITLE- POLICIES, OWNERS' TITLE POLICIES, MORTGAGE INSURANCE, AND INSURANCE AGAINST DAMAGE OR LOSS OF PROPERTY ARE NOT REIMBURSABLE. * * *"

UNDER THE CLEAR WORDING OF THE REGULATION OWNERS' TITLE POLICIES AND ANY OTHER INSURANCE OBTAINED FOR THE PROTECTION OF THE OWNER ARE NOT REIMBURSABLE. DECISION OF JUNE 27, 1967, B-161459, CITED IN YOUR LETTER.

ACCORDINGLY, UNDER THE RELATED CIRCUMSTANCES, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.