B-163076, JAN. 12, 1968

B-163076: Jan 12, 1968

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EMPLOYEE WHO DOES NOT MOVE HIS FAMILY TO HIS NEW STATION AND WILL COMMUTE ON WEEKENDS TO HIS OLD OFFICIAL STATION IS ONLY ENTITLED TO MISCELLANEOUS EXPENSE ALLOWANCE AS FOR EMPLOYEE "WITHOUT IMMEDIATE FAMILY". WHICH WAS EFFECTIVE IN AUGUST 1967. KIEL WAS PAID A MISCELLANEOUS EXPENSE ALLOWANCE OF $100 IN CONNECTION WITH HIS TRANSFER AS AUTHORIZED FOR AN EMPLOYEE WITHOUT IMMEDIATE FAMILY BY SECTION 3.2A (1) (A) OF CIRCULAR NO. THE $200 ALLOWANCE FOR EMPLOYEES WITH IMMEDIATE FAMILIES WAS NOT PAID HIM BECAUSE HE DID NOT MOVE HIS FAMILY TO HIS NEW OFFICIAL STATION. KIEL DOES NOT INTEND TO MOVE HIS FAMILY TO HIS NEW OFFICIAL STATION BUT INTENDS TO COMMUTE ON WEEKENDS TO HIS OLD OFFICIAL STATION WHERE HIS FAMILY WILL REMAIN IN THE SAME RESIDENCE.

B-163076, JAN. 12, 1968

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - MISCELLANEOUS EXPENSE REIMBURSEMENT DECISION TO CERTIFYING OFFICER OF BUREAU OF RECLAMATION AUTHORIZING MISCELLANEOUS EXPENSE ALLOWANCE TO EMPLOYEE INCIDENT TO CHANGE OF STATION FROM SPOKANE, WASHINGTON, TO COULEE DAM, WASH. EMPLOYEE WHO DOES NOT MOVE HIS FAMILY TO HIS NEW STATION AND WILL COMMUTE ON WEEKENDS TO HIS OLD OFFICIAL STATION IS ONLY ENTITLED TO MISCELLANEOUS EXPENSE ALLOWANCE AS FOR EMPLOYEE "WITHOUT IMMEDIATE FAMILY". IF THE EMPLOYEE'S FAMILY MOVES TO THE NEW STATION WITHIN TWO YEARS FROM EFFECTIVE DATE OF TRANSFER ADDITIONAL MISCELLANEOUS EXPENSE ALLOWANCE MAY BE PAID AS FOR EMPLOYEE WITH FAMILY.

TO MRS. NEDRA A. BLACKWELL:

WE REFER TO YOUR LETTER OF DECEMBER 5, 1967, REFERENCE 360, FORWARDING FOR OUR ADVANCE DECISION THE TRAVEL VOUCHER OF MR. KENNETH R. KIEL, AN EMPLOYEE OF THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR, FOR PAYMENT OF A MISCELLANEOUS EXPENSE ALLOWANCE UNDER THE PROVISIONS OF SECTION 3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, INCIDENT TO HIS CHANGE OF OFFICIAL DUTY STATION FROM SPOKANE, WASHINGTON, TO COULEE DAM, WASHINGTON, WHICH WAS EFFECTIVE IN AUGUST 1967.

MR. KIEL WAS PAID A MISCELLANEOUS EXPENSE ALLOWANCE OF $100 IN CONNECTION WITH HIS TRANSFER AS AUTHORIZED FOR AN EMPLOYEE WITHOUT IMMEDIATE FAMILY BY SECTION 3.2A (1) (A) OF CIRCULAR NO. A-56. THE $200 ALLOWANCE FOR EMPLOYEES WITH IMMEDIATE FAMILIES WAS NOT PAID HIM BECAUSE HE DID NOT MOVE HIS FAMILY TO HIS NEW OFFICIAL STATION. APPARENTLY MR. KIEL DOES NOT INTEND TO MOVE HIS FAMILY TO HIS NEW OFFICIAL STATION BUT INTENDS TO COMMUTE ON WEEKENDS TO HIS OLD OFFICIAL STATION WHERE HIS FAMILY WILL REMAIN IN THE SAME RESIDENCE.

THE MISCELLANEOUS EXPENSE ALLOWANCE WAS INTENDED TO COVER VARIOUS EXPENSES INCURRED BY TRANSFERRED EMPLOYEES AS A RESULT OF THEIR MOVING FROM ONE RESIDENCE TO ANOTHER. IF AN EMPLOYEE DOES NOT MOVE HIS FAMILY TO HIS NEW DUTY STATION THE MISCELLANEOUS EXPENSES HE MIGHT BE EXPECTED TO INCUR WOULD BE COMMENSURATE WITH THOSE INCURRED BY A SINGLE EMPLOYEE AND NOT WITH THOSE INCURRED BY AN EMPLOYEE WHOSE FAMILY MOVES WITH HIM TO THE NEW OFFICIAL STATION. ALTHOUGH THE PROVISIONS OF SECTION 3.2A MAY NOT BE ENTIRELY CLEAR IN THIS REGARD WE MUST CONCLUDE THAT AN EMPLOYEE WHO DOES NOT MOVE HIS FAMILY TO HIS NEW OFFICIAL STATION IS TO BE PAID A MISCELLANEOUS EXPENSE ALLOWANCE AS AN EMPLOYEE "WITHOUT IMMEDIATE FAMILY". THUS, IF MR. KIEL HAS ESTABLISHED A RESIDENCE FOR HIMSELF AT HIS NEW OFFICIAL STATION AND HAS INCURRED SOME EXPENSE OF THE TYPE CONTEMPLATED BY SECTION 3 OF CIRCULAR NO. A 56 IN CONNECTION THEREWITH HE IS ENTITLED TO PAYMENT OF A MISCELLANEOUS EXPENSE ALLOWANCE AS AN EMPLOYEE WITHOUT IMMEDIATE FAMILY. SEE B-162492, OCTOBER 6, 1967, COPY ENCLOSED.

SHOULD MR. KIEL'S FAMILY MOVE TO HIS NEW DUTY STATION WITHIN THE 2 YEARS FOLLOWING THE EFFECTIVE DATE OF HIS TRANSFER, AS PROVIDED IN SECTION 1.3D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, HE WOULD BECOME ENTITLED TO PAYMENT OF THE ADDITIONAL MISCELLANEOUS EXPENSE ALLOWANCE AS AUTHORIZED FOR EMPLOYEES WITH IMMEDIATE FAMILIES.

FOR THE REASONS STATED THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.