B-168459, DEC. 30, 1969

B-168459: Dec 30, 1969

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WHERE EMPLOYEE WAS REASSIGNED EFFECTIVE JUNE 29. TRAVEL AUTHORIZATION WAS ISSUED JUNE 25. LENDER'S LOAN ORIGINATION FEE WAS MADE NONREIMBURSABLE UNDER SEC. 4.2D OF BUREAU OF BUDGET CIR. DATE OF CLOSING PURCHASE WAS AUG. 6. IS DENIED. AS CONTROLLING FACT IS NOT DATE OF TRAVEL AUTHORIZATION BUT DATE ON WHICH ACTUAL EXPENSES ARE INCURRED. WHICH HERE WAS SUBSEQUENT TO EFFECTIVE DATE OF NEW REGULATIONS PRECLUDING REIMBURSEMENT OF LOAN ORIGINATION FEE. WHICH WAS ADMINISTRATIVELY DEDUCTED FROM A PRIOR VOUCHER COVERING RELOCATION EXPENSES. HUTCHINS WAS REASSIGNED FROM ALPINE. THE EFFECTIVE DATE OF THE TRANSFER WAS JUNE 29. PURSUANT TO THIS TRANSFER A TRAVEL AUTHORIZATION WAS ISSUED ON JUNE 25.

B-168459, DEC. 30, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--HOUSE PURCHASE- LOAN ORIGINATION FEE EMPLOYEE'S CLAIM FOR $211 COVERING LENDER'S LOAN ORIGINATION FEE PAID IN CONNECTION WITH PURCHASE OF RESIDENCE INCIDENT TO STATION TRANSFER -- WHERE EMPLOYEE WAS REASSIGNED EFFECTIVE JUNE 29, 1969, TRAVEL AUTHORIZATION WAS ISSUED JUNE 25, 1969 PROVIDING FOR REIMBURSEMENT OF CERTAIN EXPENSES OF BUYING RESIDENCE AT NEW OFFICIAL STATION, LENDER'S LOAN ORIGINATION FEE WAS MADE NONREIMBURSABLE UNDER SEC. 4.2D OF BUREAU OF BUDGET CIR. NO. A-56 EFFECTIVE JUNE 26, 1969, AND DATE OF CLOSING PURCHASE WAS AUG. 6, 1969 -- IS DENIED, AS CONTROLLING FACT IS NOT DATE OF TRAVEL AUTHORIZATION BUT DATE ON WHICH ACTUAL EXPENSES ARE INCURRED, WHICH HERE WAS SUBSEQUENT TO EFFECTIVE DATE OF NEW REGULATIONS PRECLUDING REIMBURSEMENT OF LOAN ORIGINATION FEE.

TO MR. WILLIAM A. CAMPBELL:

WE REFER TO YOUR LETTER OF NOVEMBER 19, 1969, YOUR REFERENCE 6540, IN WHICH YOU REQUESTED AN ADVANCE DECISION FROM THIS OFFICE CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT THE CLAIM OF MR. JERALD N. HUTCHINS, AN EMPLOYEE OF THE FOREST SERVICE, FOR THE AMOUNT OF $211, WHICH WAS ADMINISTRATIVELY DEDUCTED FROM A PRIOR VOUCHER COVERING RELOCATION EXPENSES.

THE RECORD SHOWS THAT ON JUNE 20, 1969, MR. HUTCHINS WAS REASSIGNED FROM ALPINE, ARIZONA, TO MESA, ARIZONA. THE EFFECTIVE DATE OF THE TRANSFER WAS JUNE 29, 1969. PURSUANT TO THIS TRANSFER A TRAVEL AUTHORIZATION WAS ISSUED ON JUNE 25, 1969, ACCORDING TO WHICH THE EMPLOYEE HAD TO REPORT AT HIS NEW DUTY STATION ON JUNE 29, 1969. ITEM 15 OF THE AUTHORIZATION PROVIDED FOR THE REIMBURSEMENT OF "CERTAIN EXPENSES OF BUYING RESIDENCE AT NEW OFFICIAL STATION."

THE RECORD FURTHER SHOWS THAT MR. HUTCHINS PURCHASED A RESIDENCE AT HIS NEW OFFICIAL DUTY STATION. THE DATE OF CLOSING THE PURCHASE WAS AUGUST 6, 1969, AND HE FILED A CLAIM FOR REIMBURSEMENT OF RELATED EXPENSES ON AUGUST 20, 1969, WHICH INCLUDED AN ITEM FOR $211 WHICH COVERED THE LENDER'S LOAN ORIGINATION FEE. THE CLAIM FOR THIS ITEM WAS DISALLOWED ON SEPTEMBER 24, 1969, ON THE GROUND THAT BY TRANSMITTAL MEMORANDUM NO. 5, EFFECTIVE JUNE 26, 1969, THE "LENDER'S LOAN ORIGINATION FEE" WAS MADE A NONREIMBURSABLE ITEM UNDER SECTION 4.2D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

THE EMPLOYEE SUBMITTED A RECLAIM VOUCHER FOR $211 AND CONTENDS THAT THE TRAVEL AUTHORIZATION WAS ISSUED ON JUNE 25, 1969, ONE DAY BEFORE THE EFFECTIVE DATE OF TRANSMITTAL MEMORANDUM NO. 5 AND THAT THE CONTROLLING FACT IN HIS CASE SHOULD BE THE DATE OF AUTHORIZATION AND NOT THE DATE OF SUBMISSION OR APPROVAL OF THE TRAVEL VOUCHER.

WE HAVE PREVIOUSLY HELD IN CASES SIMILAR TO THE INSTANT CASE THAT THE CONTROLLING FACT IN RESOLVING CLAIMS OF THIS NATURE IS NOT THE DATE OF THE TRAVEL AUTHORIZATION BUT THE DATE ON WHICH THE ACTUAL EXPENSES ARE INCURRED. SEE 47 COMP. GEN. 582 (1968) AND B-168011, OCTOBER 24, 1969 (COPY ENCLOSED).

IN THE INSTANT CASE THE EXPENSES WERE INCURRED AFTER THE EFFECTIVE DATE OF THE NEW REGULATIONS WHICH PRECLUDE REIMBURSEMENT OF LOAN ORIGINATION FEES. ACCORDINGLY, THE CLAIM IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.