B-164791, AUGUST 27, 1968, 48 COMP. GEN. 118

B-164791: Aug 27, 1968

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THE ALLOWABLE PERIOD BEGINS TO RUN FROM THE FIRST DAY FOR WHICH CLAIM FOR REIMBURSEMENT IS MADE REGARDLESS OF THE FACT THAT THE EMPLOYEE OR A MEMBER OF HIS IMMEDIATE FAMILY MAY HAVE OCCUPIED TEMPORARY QUARTERS PRIOR TO THE DATE OF CLAIM. PROVIDED THE FIRST DAY FOR WHICH CLAIM IS MADE IS WITHIN 30 DAYS OF THE DATE THE EMPLOYEE REPORTED TO DUTY AT HIS NEW OFFICIAL STATION. MACDONALD IS CLAIMING TEMPORARY QUARTERS ALLOWANCE FOR THE PERIOD OCTOBER 12 THROUGH NOVEMBER 10. THE CITED REGULATION IS NOT ENTIRELY CLEAR AS TO WHETHER IT IS INTENDED TO PERMIT AN EMPLOYEE TO SELECT ANY DAY WITHIN THE 30-DAY PERIOD PRESCRIBED BY SUBSECTION 2.5B (6) AS THE BEGINNING DATE FOR THE RUNNING OF THE 30 OR 60-DAY PERIOD ALLOWABLE UNDER SUBSECTION 2.5B (5).

B-164791, AUGUST 27, 1968, 48 COMP. GEN. 118

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - TEMPORARY QUARTERS - TIME LIMITATION IN COMPUTING THE LENGTH OF TIME ALLOWED FOR TEMPORARY QUARTERS AT GOVERNMENT EXPENSE PURSUANT TO SUBSECTIONS 2.5B (5) AND (6) OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, INCIDENT TO AN EMPLOYEE'S PERMANENT CHANGE OF DUTY STATION, THE ALLOWABLE PERIOD BEGINS TO RUN FROM THE FIRST DAY FOR WHICH CLAIM FOR REIMBURSEMENT IS MADE REGARDLESS OF THE FACT THAT THE EMPLOYEE OR A MEMBER OF HIS IMMEDIATE FAMILY MAY HAVE OCCUPIED TEMPORARY QUARTERS PRIOR TO THE DATE OF CLAIM, PROVIDED THE FIRST DAY FOR WHICH CLAIM IS MADE IS WITHIN 30 DAYS OF THE DATE THE EMPLOYEE REPORTED TO DUTY AT HIS NEW OFFICIAL STATION. THEREFORE, AN EMPLOYEE WHO ACTUALLY OCCUPIED TEMPORARY QUARTERS FROM SEPTEMBER 15, 1967, UNTIL NOVEMBER 11, 1967, WHO CLAIMS A TEMPORARY QUARTERS ALLOWANCE FOR 30 DAYS COMMENCING OCTOBER 12, 1967, MAY BE REIMBURSED FOR THE PERIOD CLAIMED.

TO NEDRA A. BLACKWELL, UNITED STATES DEPARTMENT OF THE INTERIOR, AUGUST 27, 1968:

WE REFER TO YOUR LETTER OF JULY 5, 1968, REFERENCE 360, BY WHICH YOU FORWARDED FOR OUR ADVANCE DECISION THE VOUCHER FOR MR. LARRY M. MACDONALD COVERING REIMBURSEMENT OF EXPENSES OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS.

THE INFORMATION OF RECORD SHOWS THAT MR. MACDONALD TRANSFERRED FROM PAGE, ARIZONA, TO COULEE DAM, WASHINGTON, EFFECTIVE SEPTEMBER 10, 1967. YOU SAY THAT MR. MACDONALD ACTUALLY OCCUPIED TEMPORARY QUARTERS FROM SEPTEMBER 15 UNTIL NOVEMBER 11, 1967, AT WHICH TIME HE AND HIS FAMILY MOVED INTO A PERMANENT RESIDENCE. MR. MACDONALD IS CLAIMING TEMPORARY QUARTERS ALLOWANCE FOR THE PERIOD OCTOBER 12 THROUGH NOVEMBER 10, 1967.

YOUR DOUBT IN THE MATTER ARISES IN VIEW OF SUBSECTIONS 2.5B (5) AND (6) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. THOSE SUBSECTIONS STATE IN PART AS FOLLOWS:

(5) IN COMPUTING THE LENGTH OF TIME ALLOWED FOR TEMPORARY QUARTERS AT GOVERNMENT EXPENSE UNDER THE 30 OR 60 DAY LIMITATIONS SPECIFIED HEREIN, SUCH TIME SHALL BEGIN TO RUN FOR THE EMPLOYEE, SPOUSE, AND ALL MEMBERS OF THE IMMEDIATE FAMILY WHEN EITHER THE EMPLOYEE, THE SPOUSE, OR ANY MEMBER OF THE IMMEDIATE FAMILY STARTS TO OCCUPY SUCH QUARTERS AND THE TIME SHALL RUN CONCURRENTLY. * * *

(6) THE USE OF TEMPORARY QUARTERS FOR SUBSISTENCE EXPENSE PURPOSES UNDER THESE PROVISIONS MAY BEGIN AS SOON AS THE EMPLOYEE'S TRANSFER HAS BEEN AUTHORIZED AND THE WRITTEN AGREEMENT REQUIRED IN SUBSECTION 1.3C HAS BEEN SIGNED. IN ORDER TO BE ELIGIBLE FOR THE TEMPORARY QUARTERS ALLOWANCE USE OF SUCH QUARTERS MUST BEGIN NOT LATER THAN 30 DAYS FROM THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION.

THE CITED REGULATION IS NOT ENTIRELY CLEAR AS TO WHETHER IT IS INTENDED TO PERMIT AN EMPLOYEE TO SELECT ANY DAY WITHIN THE 30-DAY PERIOD PRESCRIBED BY SUBSECTION 2.5B (6) AS THE BEGINNING DATE FOR THE RUNNING OF THE 30 OR 60-DAY PERIOD ALLOWABLE UNDER SUBSECTION 2.5B (5). IN THE CIRCUMSTANCES THE 30-DAY OR 60-DAY MAXIMUM PERIOD, AS APPLICABLE, SHALL BE CONSIDERED TO RUN FROM THE FIRST DAY FOR WHICH THE CLAIM FOR REIMBURSEMENT IS MADE REGARDLESS OF THE FACT THAT THE EMPLOYEE OR A MEMBER OF HIS IMMEDIATE FAMILY MAY HAVE OCCUPIED TEMPORARY QUARTERS IN CONNECTION WITH THE TRANSFER PRIOR TO SUCH DATE, PROVIDED THE FIRST DAY FOR WHICH A CLAIM IS MADE IS WITHIN THE 30 DAYS OF THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.