B-168041, NOV. 13, 1969

B-168041: Nov 13, 1969

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IS NOT ENTITLED TO SUBSISTENCE EXPENSE WHILE OCCUPYING TEMPORARY QUARTERS SINCE EVIDENCED INTENT TO SEEK LARGER QUARTERS SUBSEQUENT TO TRANSFER ACTION IS NOT CONSIDERED SUFFICIENT BASIS FOR DETERMINATION THAT APARTMENT OBTAINED INCIDENT TO DETAIL. QUARTERS CANNOT BE SAID TO HAVE BEEN OBTAINED TEMPORARILY AFTER AUTHORIZED TRANSFER NOR AFTER EMPLOYEE AND FAMILY HAD VACATED RESIDENCE OCCUPIED AT TIME OF TRANSFER. WE HAVE REVIEWED THE FACTS AND CIRCUMSTANCES SET FORTH IN YOUR ABOVE REFERRED TO LETTER. WE HAVE NOTED YOUR STATEMENT OF THE NECESSITY AT THE BEGINNING OF YOUR 6-MONTH DETAIL FOR TAKING A 1-YEAR LEASE ON YOUR APARTMENT AND YOUR STATEMENT THAT FORMAL NOTICE WAS NOT GIVEN YOU PRIOR TO JULY 25.

B-168041, NOV. 13, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--SUBSISTENCE EXPENSES TRANSFERRED EMPLOYEE WHO, INCIDENT TO 6-MONTH DETAIL, VACATED OLD STATION RESIDENCE 5 MONTHS PRIOR TO PERMANENT TRANSFER TO SAME LOCATION AND LEASED APARTMENT AT STATION TO WHICH DETAILED, IS NOT ENTITLED TO SUBSISTENCE EXPENSE WHILE OCCUPYING TEMPORARY QUARTERS SINCE EVIDENCED INTENT TO SEEK LARGER QUARTERS SUBSEQUENT TO TRANSFER ACTION IS NOT CONSIDERED SUFFICIENT BASIS FOR DETERMINATION THAT APARTMENT OBTAINED INCIDENT TO DETAIL, CONSTITUTES TEMPORARY QUARTERS OBTAINED INCIDENT TO PERMANENT TRANSFER WITHIN MEANING OF SEC. 2.5B (3), BUREAU OF BUDGET CIR. NO. A-56. MOREOVER, QUARTERS CANNOT BE SAID TO HAVE BEEN OBTAINED TEMPORARILY AFTER AUTHORIZED TRANSFER NOR AFTER EMPLOYEE AND FAMILY HAD VACATED RESIDENCE OCCUPIED AT TIME OF TRANSFER.

TO MR. KENNETH F. HIXENBAUGH:

YOUR LETTER OF SEPTEMBER 23, 1969, REQUESTS THAT WE RECONSIDER OUR SETTLEMENT OF SEPTEMBER 2, 1969, WHICH DISALLOWED YOUR CLAIM FOR ACTUAL SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS FOR THE PERIOD FROM JULY 29 TO AUGUST 27, 1968, IN CONNECTION WITH THE CHANGE OF YOUR OFFICIAL STATION FROM STATE COLLEGE, PENNSYLVANIA, TO BALTIMORE, MARYLAND, AS AN EMPLOYEE OF THE SOCIAL SECURITY ADMINISTRATION, UNDER TRAVEL AUTHORIZATION NO. D00-00-74, DATED JULY 30, 1968.

WE HAVE REVIEWED THE FACTS AND CIRCUMSTANCES SET FORTH IN YOUR ABOVE REFERRED TO LETTER, THE SETTLEMENT CERTIFICATE AND YOUR MEMORANDUM OF FEBRUARY 17, 1969. WE HAVE NOTED YOUR STATEMENT OF THE NECESSITY AT THE BEGINNING OF YOUR 6-MONTH DETAIL FOR TAKING A 1-YEAR LEASE ON YOUR APARTMENT AND YOUR STATEMENT THAT FORMAL NOTICE WAS NOT GIVEN YOU PRIOR TO JULY 25, 1968, THAT YOUR PERMANENT DUTY STATION WAS BEING TRANSFERRED FROM STATE COLLEGE TO BALTIMORE. YOUR TRANSFER IS SHOWN AS EFFECTIVE JULY 28, 1968.

THE RECORD INDICATES THAT YOU HAD NOT MAINTAINED A RESIDENCE AT STATE COLLEGE SINCE MARCH 1, 1968. INCIDENT TO THE 6-MONTH DETAIL YOU HAD MOVED A SUBSTANTIAL PART OF YOUR HOUSEHOLD GOODS TOGETHER WITH YOUR WHOLE FAMILY TO THE BALTIMORE APARTMENT AND THERE IS NO EVIDENCE OF ANY BREAK IN YOUR FAMILY'S CONTINUOUS OCCUPANCY OF THE APARTMENT UNTIL DECEMBER 13, 1968.

SECTION 2.5B (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES:

"TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.'

THE TERM "TEMPORARY QUARTERS" IS VIEWED GENERALLY AS APPLICABLE TO TRANSIENT TYPE QUARTERS WHICH ARE OCCUPIED BY THE EMPLOYEE AND/OR HIS FAMILY FOR PERIODS OF LESS THAN 30 DAYS PENDING THE ARRIVAL OF THEIR HOUSEHOLD GOODS. ALTHOUGH WE HAVE CONSIDERED LONGER PERIODS OF OCCUPANCY AND THE PARTICULAR CIRCUMSTANCES IN SOME CASES JUSTIFYING A DETERMINATION THAT THERE WAS A USE OF TEMPORARY QUARTERS, IN THE LIGHT OF THE ABOVE- DESCRIBED FACTS YOUR EVIDENCED INTENT SUBSEQUENT TO THE PERSONNEL ACTION DATED JULY 25, 1968, TO SEEK A LARGER RESIDENCE IS NOT CONSIDERED AS A SUFFICIENT BASIS FOR A DETERMINATION THAT THE APARTMENT, AS OBTAINED INCIDENT TO THE DETAIL, CONSTITUTES TEMPORARY QUARTERS OBTAINED INCIDENT TO OR AS A RESULT OF THE TRANSFER OF YOUR PERMANENT DUTY STATION TO BALTIMORE. MOREOVER, THE QUARTERS CANNOT BE SAID TO HAVE BEEN OBTAINED TEMPORARILY AFTER A TRANSFER HAD BEEN AUTHORIZED NOR AFTER YOU AND YOUR FAMILY HAD VACATED THE RESIDENCE QUARTERS IN WHICH YOU WERE RESIDING AT THE TIME OF THE TRANSFER.

THEREFORE, THE SETTLEMENT OF SEPTEMBER 2, 1969, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.