B-168658, JAN. 14, 1970

B-168658: Jan 14, 1970

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WAS NOT AUTHORIZED EXPENSES RELATING TO PURCHASE OF RESIDENCE AT NEW STATION ALTHOUGH AUTHORIZED REIMBURSED FOR EXPENSES OF SALE OF HOME AT OLD STATION AND MISCELLANEOUS EXPENSES MAY NOT HAVE BENEFITS UNDER BUREAU OF THE BUDGET CIRCULAR NO. DONNELLY WAS AUTHORIZED TO TRAVEL FROM AKRON. IN ADDITION TO THE TRANSPORTATION OF HIS FAMILY AND HOUSEHOLD GOODS THE EMPLOYEE WAS AUTHORIZED REIMBURSEMENT OF EXPENSES RELATING TO THE SALE OF HIS FORMER RESIDENCE AND A MISCELLANEOUS EXPENSES ALLOWANCE OF $200. THE EMPLOYEE WAS NOT AUTHORIZED REIMBURSEMENT OF EXPENSES RELATING TO THE PURCHASE OF A RESIDENCE AT HIS NEW OFFICIAL STATION. WERE SUSPENDED FROM THE EMPLOYEE'S ORIGINAL TRAVEL VOUCHER. SINCE REIMBURSEMENT OF THE ABOVE EXPENSES WAS NOT AUTHORIZED IN THE EMPLOYEE'S TRAVEL ORDER YOU QUESTION WHETHER THE PAYMENT THEREOF MAY NOW BE APPROVED ADMINISTRATIVELY.

B-168658, JAN. 14, 1970

CIVIL PAY--TRANSFERS--REAL ESTATE EXPENSES DECISION TO CERTIFYING OFFICER OF FEDERAL MEDIATION AND CONCILIATION SERVICE AUTHORIZING CERTIFICATION OF VOUCHER FOR REAL ESTATE EXPENSES INCIDENT TO TRANSFER OF EMPLOYEE FROM AKRON TO DAYTON, OHIO. EMPLOYEE WHO, INCIDENT TO TRANSFER, WAS NOT AUTHORIZED EXPENSES RELATING TO PURCHASE OF RESIDENCE AT NEW STATION ALTHOUGH AUTHORIZED REIMBURSED FOR EXPENSES OF SALE OF HOME AT OLD STATION AND MISCELLANEOUS EXPENSES MAY NOT HAVE BENEFITS UNDER BUREAU OF THE BUDGET CIRCULAR NO. A-56 REDUCED OR CHANGED BY THE DEPARTMENT OR AGENCY AND THEREFORE, EMPLOYEE MAY BE REIMBURSED FOR REAL ESTATE EXPENSES FOR PURCHASE OF HOME AT NEW STATION.

TO MR. MENDLESON WEINBERG:

THIS REFERS TO YOUR LETTER OF DECEMBER 15, 1969, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A RECLAIM TRAVEL VOUCHER IN FAVOR OF ALBERT V. DONNELLY WHICH INCLUDES TWO ITEMS TOTALING $152.35, REPRESENTING REAL ESTATE EXPENSES INCURRED BY MR. DONNELLY IN CONNECTION WITH THE PURCHASE OF A RESIDENCE AT HIS NEW OFFICIAL STATION.

BY TRAVEL ORDER DATED JULY 17, 1969, MR. DONNELLY WAS AUTHORIZED TO TRAVEL FROM AKRON, OHIO, TO DAYTON, OHIO, INCIDENT TO A PERMANENT CHANGE OF STATION. IN ADDITION TO THE TRANSPORTATION OF HIS FAMILY AND HOUSEHOLD GOODS THE EMPLOYEE WAS AUTHORIZED REIMBURSEMENT OF EXPENSES RELATING TO THE SALE OF HIS FORMER RESIDENCE AND A MISCELLANEOUS EXPENSES ALLOWANCE OF $200. HOWEVER, FOR SOME REASON, NOT EXPLAINED IN YOUR LETTER, THE EMPLOYEE WAS NOT AUTHORIZED REIMBURSEMENT OF EXPENSES RELATING TO THE PURCHASE OF A RESIDENCE AT HIS NEW OFFICIAL STATION. IN VIEW THEREOF THE EXPENSES IN QUESTION--LENDER'S APPRAISAL FEE ($150) AND RECORDING OF DEED ($2.35)--WERE SUSPENDED FROM THE EMPLOYEE'S ORIGINAL TRAVEL VOUCHER.

SINCE REIMBURSEMENT OF THE ABOVE EXPENSES WAS NOT AUTHORIZED IN THE EMPLOYEE'S TRAVEL ORDER YOU QUESTION WHETHER THE PAYMENT THEREOF MAY NOW BE APPROVED ADMINISTRATIVELY.

WE HAVE HELD THAT CERTAIN OF THE BENEFITS PROVIDED UNDER BUREAU OF THE BUDGET CIRCULAR NO. A-56 MUST BE APPLIED UNIFORMLY UNDER THE REGULATIONS AND THAT WHEN THE TRANSFER OF AN EMPLOYEE AT GOVERNMENT EXPENSE IS AUTHORIZED OR APPROVED THE INDIVIDUAL DEPARTMENTS AND AGENCIES HAVE NO DISCRETIONARY AUTHORITY TO REDUCE OR CHANGE THE BENEFITS OTHERWISE PROVIDED UNDER THE CIRCULAR. SUCH BENEFITS INCLUDE EXPENSES RELATING TO REAL ESTATE TRANSACTIONS. SEE B-161583, JUNE 15, 1967, COPY HEREWITH. THEREFORE, IF OTHERWISE PROPER, MR. DONNELLY IS ENTITLED TO BE REIMBURSED FOR THE EXPENSES IN QUESTION.

THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE.