B-167173, JUL. 23, 1969

B-167173: Jul 23, 1969

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WHERE EMPLOYEE HAS BEEN REIMBURSED ON BASIS OF COMMUTED RATE IN EFFECT WHEN TRANSPORTATION COMMENCED THERE IS NO BASIS FOR ALLOWANCE OF INCREASED RATE IN A REVISED COMMUTED RATE TENDER EVEN THOUGH CARRIER MAY HAVE BEEN USING THE HIGHER RATE AT THE TIME OF SHIPMENT. LOOMIS STATES THE COMMUTED RATE ALLOWANCE WAS APPARENTLY BASED ON A CARRIER'S RATE OF $10.80 WHEREAS AN INCREASED RATE OF $11.25 WAS APPLIED TO HIS SHIPMENT. SHALL BE REIMBURSED ON A COMMUTED BASIS AT THE RATES PER 100 POUNDS THAT ARE FIXED BY ZONES IN THE REGULATIONS. THE REGULATION IN QUESTION WAS PROMULGATED IN ACCORDANCE WITH AUTHORITY DELEGATED BY THE PRESIDENT AND HAS THE FORCE AND EFFECT OF LAW. REGARDLESS OF WHETHER OR NOT THE COMMUTED RATE IN EFFECT WHEN THE SHIPMENT OF GOODS COMMENCED WAS BASED ON THE CARRIER'S INCREASED RATE.

B-167173, JUL. 23, 1969

CIVIL PAY - TRANSPORTATION OF HOUSEHOLD EFFECTS - INCREASED RATE DECISION TO CERTIFYING OFFICER OF BUREAU OF LAND MANAGEMENT HOLDING THAT RECLAIM VOUCHER FOR INCREASED TRANSPORTATION COSTS FOR TRANSPORTATION OF HOUSEHOLD EFFECTS MAY NOT BE CERTIFIED FOR PAYMENT. WHERE EMPLOYEE HAS BEEN REIMBURSED ON BASIS OF COMMUTED RATE IN EFFECT WHEN TRANSPORTATION COMMENCED THERE IS NO BASIS FOR ALLOWANCE OF INCREASED RATE IN A REVISED COMMUTED RATE TENDER EVEN THOUGH CARRIER MAY HAVE BEEN USING THE HIGHER RATE AT THE TIME OF SHIPMENT.

TO MRS. MARY M. RYDQUIST:

YOUR LETTER OF JUNE 2, 1969, REFERENCE 1376/D-832), REQUESTS OUR DECISION AS TO THE ALLOWABILITY OF A RECLAIM VOUCHER FOR $32.58 IN FAVOR OF MR. TOM H. W. LOOMIS, AN EMPLOYEE OF YOUR AGENCY.

MR. LOOMIS, INCIDENT TO A TRANSFER OF STATION, CLAIMED $959.30 FOR MOVING 7,240 POUNDS OF HOUSEHOLD GOODS FROM RIVERSIDE, CALIFORNIA, TO DENVER, COLORADO, AT THE RATE OF $13.25 PER 100 POUNDS. YOU ALLOWED $926.72 SINCE THE MOVEMENT OF THE GOODS COMMENCED ON OR ABOUT MARCH 26, 1969, AND GENERAL SERVICES ADMINISTRATION BULLETIN FPMR NO. A-2, SUPPLEMENT 17, NOVEMBER 21, 1968, ATTACHMENT A, SHOWED $12.80 PER 100 POUNDS AS THE APPLICABLE RATE. MR. LOOMIS STATES THE COMMUTED RATE ALLOWANCE WAS APPARENTLY BASED ON A CARRIER'S RATE OF $10.80 WHEREAS AN INCREASED RATE OF $11.25 WAS APPLIED TO HIS SHIPMENT. HE RECLAIMS THE AMOUNT OF $32.58 DISALLOWED BY YOU. SINCE THE CARRIER'S INCREASED RATE HAS BEEN APPARENTLY INCORPORATED IN A REVISED COMMUTED RATE EFFECTIVE APRIL 14, 1969, YOU ASK WHETHER THE RECLAIM VOUCHER MAY BE CERTIFIED FOR PAYMENT.

SECTION 1 (B) OF THE ACT OF AUGUST 2, 1946, NOW CODIFIED IN 5 U.S.C. 5724 (C), PROVIDES THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN EMPLOYEE WHO TRANSFERS BETWEEN POINTS INSIDE THE CONTINENTAL UNITED STATES, INSTEAD OF BEING PAID FOR THE ACTUAL EXPENSES OF TRANSPORTING, CRATING, TEMPORARILY STORING, DRAYING, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, SHALL BE REIMBURSED ON A COMMUTED BASIS AT THE RATES PER 100 POUNDS THAT ARE FIXED BY ZONES IN THE REGULATIONS. THE REGULATION IN QUESTION WAS PROMULGATED IN ACCORDANCE WITH AUTHORITY DELEGATED BY THE PRESIDENT AND HAS THE FORCE AND EFFECT OF LAW. REGARDLESS OF WHETHER OR NOT THE COMMUTED RATE IN EFFECT WHEN THE SHIPMENT OF GOODS COMMENCED WAS BASED ON THE CARRIER'S INCREASED RATE, IT WAS THE ONLY LEGAL RATE IN EFFECT AT THAT TIME.

IN VIEW OF THE ABOVE THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.