B-165632, MAY 2, 1969
Highlights
FOR THE PURPOSES OF YOUR CLAIMS YOU HAVE AGREED TO THE SETOFF OF ANY AMOUNT FOUND DUE YOU AGAINST YOUR JUDGMENT DEBT TO THE UNITED STATES IN THE AMOUNT OF $2. YOU CLAIM A COST-OF-LIVING ALLOWANCE AS AUTHORIZED BY 5 U.S.C. 5941 AND PART 591 OF THE CIVIL SERVICE REGULATIONS FOR THE PERIOD YOU WERE ON DUTY IN ALASKA. YOU WERE EMPLOYED ON A TEMPORARY BASIS BY THE SMALL BUSINESS ADMINISTRATION TO PERFORM TEMPORARY SERVICE IN ALASKA IN CONNECTION WITH A DISASTER LOAN PROGRAM AUTHORIZED FOR THAT AREA. YOU WERE AUTHORIZED AND PAID PER DIEM UNDER SECTION 5 (B) (8) OF THE SMALL BUSINESS ACT (15 U.S.C. 634 (B) (8) ( FOR THE PERIOD OF YOUR SERVICE THROUGH SEPTEMBER 30. THE DISASTER AREA AND ANY OTHER TEMPORARY POSTS OF DUTY AND RETURN UPON COMPLETION OF THE ASSIGNMENT * * *" IT APPEARS YOU WERE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE DURING THAT TEMPORARY ASSIGNMENT UNDER THE QUOTED PROVISION OF LAW AND OUR DECISION B-165632.
B-165632, MAY 2, 1969
TO MR. JAMES C. BRITTON:
WE REFER TO YOUR LETTER OF MARCH 29, 1969, CONCERNING YOUR CLAIM FOR ADDITIONAL AMOUNTS INCIDENT TO YOUR EMPLOYMENT BY THE SMALL BUSINESS ADMINISTRATION BETWEEN JANUARY 10, 1968, THROUGH NOVEMBER 8, 1968.
THE SMALL BUSINESS ADMINISTRATION FORWARDED TO OUR OFFICE FOR DIRECT SETTLEMENT YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE AND INCIDENTAL TRAVEL EXPENSES FOR THE PERIOD OCTOBER 1 THROUGH NOVEMBER 9, 1968. ADDITION TO THE AMOUNT INVOLVED IN THAT CLAIM, YOU CLAIM ADDITIONAL OVERTIME COMPENSATION IN THE AMOUNT OF $184.44 AND A COST OF-LIVING ALLOWANCE IN THE AMOUNT OF $2,128.50. FOR THE PURPOSES OF YOUR CLAIMS YOU HAVE AGREED TO THE SETOFF OF ANY AMOUNT FOUND DUE YOU AGAINST YOUR JUDGMENT DEBT TO THE UNITED STATES IN THE AMOUNT OF $2,083.38. UNITED STATES V JAMES C. BRITTON, CIVIL NO. 44909, U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, JUDGMENT ENTERED MARCH 31, 1967.
YOU CLAIM A COST-OF-LIVING ALLOWANCE AS AUTHORIZED BY 5 U.S.C. 5941 AND PART 591 OF THE CIVIL SERVICE REGULATIONS FOR THE PERIOD YOU WERE ON DUTY IN ALASKA. YOU WERE EMPLOYED ON A TEMPORARY BASIS BY THE SMALL BUSINESS ADMINISTRATION TO PERFORM TEMPORARY SERVICE IN ALASKA IN CONNECTION WITH A DISASTER LOAN PROGRAM AUTHORIZED FOR THAT AREA. YOU WERE AUTHORIZED AND PAID PER DIEM UNDER SECTION 5 (B) (8) OF THE SMALL BUSINESS ACT (15 U.S.C. 634 (B) (8) ( FOR THE PERIOD OF YOUR SERVICE THROUGH SEPTEMBER 30, 1968. THE CITED PROVISION OF LAW AUTHORIZES THE ADMINISTRATOR, SBA, TO:
"/8) PAY THE TRANSPORTATION EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE EXPENSES, IN ACCORDANCE WITH THE TRAVEL EXPENSE ACT OF 1949, FOR TRAVEL OF ANY PERSON EMPLOYED BY THE ADMINISTRATION TO RENDER TEMPORARY SERVICES NOT IN EXCESS OF SIX MONTHS IN CONNECTION WITH ANY DISASTER REFERRED TO IN SECTION 7 (B) FROM PLACE OF APPOINTMENT TO, AND WHILE AT, THE DISASTER AREA AND ANY OTHER TEMPORARY POSTS OF DUTY AND RETURN UPON COMPLETION OF THE ASSIGNMENT * * *"
IT APPEARS YOU WERE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE DURING THAT TEMPORARY ASSIGNMENT UNDER THE QUOTED PROVISION OF LAW AND OUR DECISION B-165632, JANUARY 6, 1969. IN THAT CONNECTION IT HAS BEEN HELD THAT EMPLOYEES ARE NOT ENTITLED TO THE COST-OF-LIVING ALLOWANCE PRESCRIBED FOR EMPLOYEES ASSIGNED OR TRANSFERRED TO POSTS OF DUTY IN ALASKA WHILE THEY ARE ON TEMPORARY DUTY IN THAT PLACE AND RECEIVING PER DIEM IN LIEU OF SUBSISTENCE. SEE KEYSER V UNITED STATES, 132 CT. CL. 119; 34 COMP. GEN. 370; 31 ID. 499.
THEREFORE, YOUR CLAIM FOR A COST-OF-LIVING ALLOWANCE DURING THE PERIOD YOU WERE IN ALASKA MUST BE DISALLOWED.
YOUR CLAIMS FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD OCTOBER 1 THROUGH NOVEMBER 9, 1968, AND FOR ADDITIONAL OVERTIME COMPENSATION DURING YOUR PERIOD OF SERVICE ARE UNDER CONSIDERATION. ANY AMOUNT FOUND DUE YOU PURSUANT TO THOSE CLAIMS WILL BE USED AS A PARTIAL SETOFF AGAINST YOUR DEBT TO THE GOVERNMENT IN THE AMOUNT OF $2,128.50. WILL ADVISE YOU FURTHER WITH REGARD TO OUR FINAL ACTION IN THE MATTER.