B-164393, JUNE 18, 1968, 47 COMP. GEN. 753

B-164393: Jun 18, 1968

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THE EMPLOYEE IS NOT ENTITLED TO REIMBURSEMENT OF OTHERWISE ALLOWABLE EXPENSES INCURRED IN THE PURCHASE OF THE RESIDENCE. NOTWITHSTANDING DELIVERY OF THE COMPLETED RESIDENCE WAS DELAYED BECAUSE OF ADVERSE WEATHER CONDITIONS AND AN INADEQUATE SUPPLY OF LABOR. WHICH WAS EFFECTIVE JULY 25. EMBER CONTRACTED TO PURCHASE A RESIDENCE WHICH WAS UNDER CONSTRUCTION ON JANUARY 9. YOU SAY THAT DELIVERY OF THE COMPLETED RESIDENCE WHICH WAS SCHEDULED FOR JULY 1967. WAS DELAYED BECAUSE OF ADVERSE WEATHER CONDITIONS AND INADEQUATE LABOR. THE FINAL SETTLEMENT DATE WAS SEPTEMBER 7. WHICH WAS MORE THAN 1 YEAR AFTER THE EFFECTIVE DATE OF MR. EMBER INCURRED IN THE PURCHASE OF THE RESIDENCE IN QUESTION IS PRECLUDED BY SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO.

B-164393, JUNE 18, 1968, 47 COMP. GEN. 753

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - "SETTLEMENT DATE" LIMITATION ON PROPERTY TRANSACTIONS THE FINAL SETTLEMENT DATE FOR THE PURCHASE OF A NEWLY CONSTRUCTED RESIDENCE OCCURRING MORE THAN 1 YEAR AFTER THE EFFECTIVE DATE OF AN EMPLOYEE'S PERMANENT CHANGE OF DUTY STATION, PURSUANT TO SECTION 4.1D OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, THE EMPLOYEE IS NOT ENTITLED TO REIMBURSEMENT OF OTHERWISE ALLOWABLE EXPENSES INCURRED IN THE PURCHASE OF THE RESIDENCE, NOTWITHSTANDING DELIVERY OF THE COMPLETED RESIDENCE WAS DELAYED BECAUSE OF ADVERSE WEATHER CONDITIONS AND AN INADEQUATE SUPPLY OF LABOR.

TO BESSIE G. LOSS, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, JUNE 18, 1968:

WE REFER TO YOUR LETTER OF MAY 20, 1968, YOUR REFERENCE BFH, BY WHICH YOU REQUEST OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER OF MR. WILLIAM N. EMBER, AN EMPLOYEE OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, TO REIMBURSE HIM CERTAIN COSTS HE INCURRED IN CONNECTION WITH HIS TRANSFER FROM CLEVELAND, OHIO, TO WASHINGTON, D.C., WHICH WAS EFFECTIVE JULY 25, 1966.

MR. EMBER CONTRACTED TO PURCHASE A RESIDENCE WHICH WAS UNDER CONSTRUCTION ON JANUARY 9, 1967. THE SALES CONTRACT INVOLVED PROVIDED THAT THE RESIDENCE WOULD BE COMPLETED AND DELIVERED WITHIN APPROXIMATELY 365 DAYS FROM THE DATE THE SELLER ACCEPTED THE CONTRACT (PARAGRAPH 20). HOWEVER, YOU SAY THAT DELIVERY OF THE COMPLETED RESIDENCE WHICH WAS SCHEDULED FOR JULY 1967, WAS DELAYED BECAUSE OF ADVERSE WEATHER CONDITIONS AND INADEQUATE LABOR, RESULTING IN COMPLETION ON AUGUST 29, 1967. THE FINAL SETTLEMENT DATE WAS SEPTEMBER 7, 1967, WHICH WAS MORE THAN 1 YEAR AFTER THE EFFECTIVE DATE OF MR. EMBER'S TRANSFER.

IN VIEW OF THE FACTS OF THIS CASE YOU REQUEST OUR DECISION WHETHER REIMBURSEMENT OF OTHERWISE ALLOWABLE EXPENSES MR. EMBER INCURRED IN THE PURCHASE OF THE RESIDENCE IN QUESTION IS PRECLUDED BY SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56. THAT SECTION PROVIDES:

THE SETTLEMENT DATES FOR THE SALE AND PURCHASE OR LEASE TERMINATION TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION, EXCEPT THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION.

THE FACTS PRESENTED IN THIS CASE ARE SIMILAR TO THOSE INVOLVED IN OUR DECISION B-160799, MAY 20, 1968. SEE ALSO B-163700, MAY 6, 1968. ACCORDANCE WITH THE RULES STATED IN THE ENCLOSED DECISIONS, THE SETTLEMENT DATE FOR PURCHASE OF THE RESIDENCE IN THIS CASE MUST BE CONSIDERED AS SEPTEMBER 7, 1967. SINCE THAT DATE WAS MORE THAN 1 YEAR AFTER THE EFFECTIVE DATE OF HIS TRANSFER, THE EMPLOYEE IS NOT ENTITLED TO REIMBURSEMENT OF THE EXPENSES CLAIMED.

THEREFORE, THE VOUCHER WHICH IS RETURNED TOGETHER WITH SUPPORTING PAPERS MAY NOT PROPERLY BE CERTIFIED FOR PAYMENT.