B-166678, MAY 23, 1969

B-166678: May 23, 1969

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LINDQUIST WAS SEPARATED BY TRANSFER FROM A POSITION AT COLLEGE STATION. LINDQUIST'S CONTRACT WITH IAEA WILL EXPIRE ON AUGUST 30. OUR DECISION IS REQUESTED AS TO WHETHER DR. U.S.C.PROVIDES THAT AN EMPLOYEE WHO TRANSFERS TO A PUBLIC INTERNATIONAL ORGANIZATION IS ENTITLED UNDER THE CONDITIONS STATED THEREIN TO REEMPLOYMENT IN HIS FORMER POSITION OR A POSITION OF LIKE SENIORITY. THE PURPOSE OF THE STATUTE IS TO AUTHORIZE THE TRANSFER OF FEDERAL PERSONNEL WITHOUT LOSS OF FEDERAL EMPLOYMENT RIGHTS AND BENEFITS. IN VIEW OF THE STATUTE AND ITS PURPOSE THE EMPLOYEE MAY BE REGARDED AS REEMPLOYED AT COLLEGE STATION FOR TRANSFER PURPOSES AND THE DESIGNATION OF THE NEW DUTY STATION IS TO BE CONSIDERED A TRANSFER OF STATION.

B-166678, MAY 23, 1969

TO MR. SECRETARY:

WE REFER TO THE LETTER OF APRIL 14, 1969, FROM YOUR ASSISTANT SECRETARY FOR ADMINISTRATION, REQUESTING A DECISION AS TO THE ELIGIBILITY OF DR. D. A. LINDQUIST FOR CHANGE OF STATION ALLOWANCES UPON HIS RETURN TO THE AGRICULTURAL RESEARCH SERVICE (ARS) FOLLOWING SERVICE WITH THE INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA) AT VIENNA, AUSTRIA.

DR. LINDQUIST WAS SEPARATED BY TRANSFER FROM A POSITION AT COLLEGE STATION, TEXAS, TO THE IAEA ON AUGUST 29, 1967, IN ACCORDANCE WITH THE PROVISIONS OF PUBLIC LAW 85-795, NOW CODIFIED IN 5 U.S.C. 3581-4, WITH THE REEMPLOYMENT RIGHTS PROVIDED THEREIN. DR. LINDQUIST'S CONTRACT WITH IAEA WILL EXPIRE ON AUGUST 30, 1969, AND THE ARS PLANS TO REINSTATE HIM IN A POSITION AT GAINESVILLE, FLORIDA, INSTEAD OF IN HIS FORMER POSITION AT COLLEGE STATION. OUR DECISION IS REQUESTED AS TO WHETHER DR. LINDQUIST MAY BE AUTHORIZED UNDER BUREAU OF THE BUDGET CIRCULAR NO. A-56 REIMBURSEMENT FOR EXPENSES OF TRANSPORTING HOUSEHOLD GOODS, EXPENSES INCIDENT TO THE SALE OF HIS RESIDENCE IN COLLEGE STATION, AND EXPENSES INCIDENT TO THE OCCUPATION OF TEMPORARY QUARTERS IN GAINESVILLE.

SECTION 3582 (B) OF TITLE 5, U.S.C.PROVIDES THAT AN EMPLOYEE WHO TRANSFERS TO A PUBLIC INTERNATIONAL ORGANIZATION IS ENTITLED UNDER THE CONDITIONS STATED THEREIN TO REEMPLOYMENT IN HIS FORMER POSITION OR A POSITION OF LIKE SENIORITY, STATUS AND PAY IN THE AGENCY FROM WHICH HE TRANSFERRED. THE PURPOSE OF THE STATUTE IS TO AUTHORIZE THE TRANSFER OF FEDERAL PERSONNEL WITHOUT LOSS OF FEDERAL EMPLOYMENT RIGHTS AND BENEFITS. SEE PAGE 1 OF HOUSE REPORT NO. 2509, AUGUST 7, 1958. WHILE THE STATUTE DOES NOT PROVIDE THAT THE EMPLOYEES HALL BE ON FURLOUGH, VARIOUS PROVISIONS THEREOF REQUIRE THAT FOR SPECIFIC PURPOSES HE BE CONSIDERED AS IF HE HAD REMAINED A FEDERAL EMPLOYEE. IN THE INSTANT CASE THE ARS, APPARENTLY FOR ITS CONVENIENCE, PLANS TO REEMPLOY DR. LINDQUIST AT GAINERVILLE RATHER THAN AT COLLEGE STATION. IN VIEW OF THE STATUTE AND ITS PURPOSE THE EMPLOYEE MAY BE REGARDED AS REEMPLOYED AT COLLEGE STATION FOR TRANSFER PURPOSES AND THE DESIGNATION OF THE NEW DUTY STATION IS TO BE CONSIDERED A TRANSFER OF STATION. ACCORDINGLY, AN ORDER MAY BE ISSUED TRANSFERRING DR. LINDQUIST FROM COLLEGE STATION TO GAINESVILLE. SEE B- 164004, MAY 8, 1968, AND B 106034, DECEMBER 4, 1951, COPIES ENCLOSED. PAYMENT OF EXPENSES AND ALLOWANCES UNDER THE TRAVEL ORDER WILL BE DEPENDENT ON COMPLIANCE WITH THE PROVISIONS OF CIRCULAR NO. A-56, SUCH AS THE REQUIREMENT OF AN EMPLOYEE TO AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR 12 MONTHS FOLLOWING THE EFFECTIVE DATE OF A TRANSFER OF STATION WITHIN THE CONTINENTAL UNITED STATES.

THE RECORD INDICATES DR. LINDQUIST STILL OWNS HIS HOME IN COLLEGE STATION AND HAS HOUSEHOLD GOODS THERE AS WELL AS AT VIENNA AND LINDSBORG, KANSAS. WITH REGARD TO THE SHIPMENT OF HOUSEHOLD GOODS, SECTION 6.3 OF CIRCULAR NO. A-56 LIMITS REIMBURSEMENT OF TRANSPORTATION EXPENSES TO THE COST OF TRANSPORTING THE PROPERTY IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION OF THE TRANSFERRING EMPLOYEE TO THE NEW OFFICIAL STATION. THE GOVERNMENT MAY REIMBURSE DR. LINDQUIST FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS FROM COLLEGE STATION AND LINDSBORG TO GAINESVILLE TO THE EXTENT THAT THE COST DOES NOT EXCEED THAT FOR SHIPMENT OF THE GOODS WITHIN THE AUTHORIZED WEIGHT LIMITATION FROM COLLEGE STATION TO GAINESVILLE IN ONE LOT BY THE MOST ECONOMICAL ROUTE.

CONCERNING REIMBURSEMENT OF EXPENSES OF THE SALE OF THE RESIDENCE OF A TRANSFERRED EMPLOYEE AT THE OLD STATION, SECTION 4.1 OF CIRCULAR NO. A-56 STATES THE CONDITIONS AND REQUIREMENTS UNDER WHICH REIMBURSEMENT MAY BE MADE. SUBSECTION 4.1B REQUIRES THE EMPLOYEE TO HAVE TITLE TO THE RESIDENCE SOLD AT THE TIME HE IS FIRST INFORMED THAT HE IS TO BE TRANSFERRED TO A NEW OFFICIAL STATION AND SUBSECTION 4.1C REQUIRES THE RESIDENCE SOLD TO BE THE EMPLOYEE'S ACTUAL RESIDENCE AT THAT TIME. IN THE INSTANT CASE WHILE DR. LINDQUIST STILL OWNS HIS RESIDENCE IN COLLEGE STATION HIS FAMILY IS WITH HIM IN VIENNA AND SUCH RESIDENCE CANNOT BE CONSIDERED AS BEING HIS ACTUAL RESIDENCE AS REQUIRED BY THE REGULATIONS. UNDER THE CIRCUMSTANCES WE HOLD THAT DR. LINDQUIST MAY NOT BE AUTHORIZED REIMBURSEMENT OF THE EXPENSES OF SELLING HIS RESIDENCE. CF. B-162442, DECEMBER 19, 1967, COPY ENCLOSED.

REGARDING THE ALLOWANCE OF TEMPORARY QUARTERS AND SUBSISTENCE EXPENSE, SUBSECTION 2.5B OF CIRCULAR NO. A-56 PROVIDES IN PERTINENT PART AS FOLLOWS:

"/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.' IT IS OUR VIEW THAT WHEN ACTION TO REEMPLOY DR. LINDQUIST HAS BEEN COMPLETED AND THE OTHER REQUIREMENTS OF THE SUBSECTION CITED ABOVE HAVE BEEN COMPLIED WITH, HE MAY BE ALLOWED TEMPORARY QUARTERS ALLOWANCE FOR DAYS PRIOR TO THE DATE HE REPORTS FOR DUTY PROVIDED THEY ARE RESTRICTED TO THE MINIMUM PERIOD REASONABLY NECESSARY TO LOCATE AND OCCUPY PERMANENT QUARTERS.