B-162816, JAN 5, 1968

B-162816, JAN 5, 1968

EMPLOYEES - TRANSFERS - OVERSEAS - SERVICE AGREEMENTS DECISION TO DISBURSING OFFICER OF THE NAVY, KEFLAVIK, ICELAND, RE PAYMENT OF MISCELLANEOUS EXPENSES TO DEPENDENT SCHOOL TEACHER INCIDENT TO TRANSFER FROM JAPAN TO KEFLAVIK, ICELAND. OVERSEAS DEPENDENT SCHOOL TEACHER WHO INCIDENT TO TRANSFER SIGNED AGREEMENT TO REMAIN IN GOVERNMENT SERVICE FOR ONE SCHOOL YEAR FOLLOWING TRANSFER FROM JAPAN TO ICELAND WHEN BUREAU OF BUDGET CIRCULAR A-56 REQUIRES EMPLOYEES TO BE ELIGIBLE FOR MISCELLANEOUS EXPENSE ALLOWANCE REIMBURSEMENT UPON TRANSFER TO REMAIN IN SERVICE FOR 12 MONTHS MAY HAVE THE EXECUTION OF THE AGREEMENT TO REMAIN FOR ONE SCHOOL YEAR REGARDED AS SATISFYING THE REQUIREMENT FOR ENTITLEMENT TO THE MISCELLANEOUS EXPENSE ALLOWANCES. IN A LETTER TO BOB IT WAS SUGGESTED THAT THEY MAY WISH TO AMEND A-56 TO CLARIFY ITS APPLICATION TO TEACHERS IN OVERSEAS DEPENDENT SCHOOLS.

TO MR. R. LIPPERT;

WE REFER TO YOUR LETTER OF OCTOBER 9, 1967, YOUR REFERENCE CRD 7240, BY WHICH YOU REQUEST OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY PAY THE ENCLOSED VOUCHER OF MISS CORA T. BURKS, A TEACHER IN THE DEPARTMENT OF DEFENSE OVERSEAS DEPENDENT SCHOOL SYSTEM STATION AT KEFLAVIK, ICELAND, TO REIMBURSE HER THE MISCELLANEOUS EXPENSE ALLOWANCE AUTHORIZED BY 5 U.S.C. 5724AB) AND SECTION 3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, INCIDENT TO HER TRANSFER FROM JAPAN TO KEFLAVIK WHICH WAS EFFECTIVE IN AUGUST 1967.

IN ACCORDANCE WITH 5 U.S.C. 5722(B) (1) MISS BURKS HAS EXECUTED AN AGREEMENT TO REMAIN IN GOVERNMENT SERVICE FOR ONE SCHOOL YEAR FOLLOWING HER TRANSFER. SHE HAS NOT EXECUTED AN AGREEMENT TO REMAIN IN GOVERNMENT SERVICE FOR 12 MONTHS OR FOR ANY LONGER PERIOD UNDER THE PROVISIONS OF SECTION 1.3C OF BUREAU OF THE BUFGET CIRCULAR NO. A-56.

SECTION 3.2A OF THAT CIRCULAR REQUIRES THAT IN ORDER TO BE ELIGIBLE FOR A MISCELLANEOUS EXPENSE ALLOWANCE A TRANSFERRED EMPLOYEE EXECUTE AN AGREEMENT UNDER SECTION 1.3C. IN VIEW OF THE LACK OF COMPLIANCE WITH THAT PROVISION YOU QUESTION WHETHER MISS BURKS IS ENTITLED TO THE MISCELLANEOUS EXPENSE ALLOWANCE OF $100 AS AUTHORIZED BY SECTION 3.2A(1) (A) FOR EMPLOYEES WITHOUT IMMEDIATE FAMILIES.

5 U.S.C. 5724(I) AND SECTION 1.3C(1) OF CIRCULAR NO. A-56 REQUIRE THAT AN EMPLOYEE WHO IS TRANSFERRED WITHIN THE CONTINENTAL UNITED STATES AGREE TO REMAIN IN GOVERNMENT SERVICE FOR ONE YEAR FOLLOWING SUCH TRANSFER IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT OF THE COSTS OF SUCH TRANSFER. THOSE PROVISIONS ARE NOT APPLICABLE TO EMPLOYEES TRANSFERRED TO OVERSEAS POSTS. UNDER 5 U.S.C. 5724(D) THE PROVISIONS OF 5 U.S.C. 5722(B) WHICH REQUIRE EMPLOYEES APPOINTED TO OVERSEAS DUTY STATIONS TO AGREE TO REMAIN IN THE SERVICE ARE APPLICABLE TO EMPLOYEES TRANSFERRED TO OVERSEAS DUTY STATIONS. THE EXCEPTION TO THE REQUIREMENT THAT OVERSEAS EMPLOYEES AGREE TO REMAIN 12 MONTHS AT THEIR OVERSEAS POSTS AS APPLICABLE TO DEFENSE DEPARTMENT OVERSEAS TEACHERS UNDER THAT SECTION HAS NOT BEEN CARRIED OVER INTO BUREAU OF THE BUDGET REGULATIONS. HOWEVER, SINCE THE LAW REQUIRES THAT SUCH TEACHERS AGREE TO REMAIN IN GOVERNMENT SERVICE FOR ONE SCHOOL YEAR INSTEAD OF 12 MONTHS WE CONSIDER THE EXECUTION OF AN AGREEMENT UNDER THAT REQUIREMENT SUFFICIENT TO ENTITLE SUCH TEACHERS TO THE BENEFITS PROVIDED BY 5 U.S.C. 5724AB) - THE MISCELLANEOUS EXPENSE ALLOWANCE - AND TO THE OTHER BENEFITS PROVIDED FOR EMPLOYEES WHO ARE TRANSFERRED TO OVERSEAS DUTY STATIONS AS PROVIDED IN CIRCULAR NO. A-56.

THEREFORE, IF OTHERWISE PROPER, THE VOUCHER WHICH IS RETURNED HEREWITH TOGETHER WITH SUPPORTING PAPERS MAY BE PROCESSED FOR PAYMENT.