B-169003, MAR. 5, 1970

B-169003, MAR. 5, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--"SETTLEMENT DATE" LIMITATION ON PROPERTY TRANSACTIONS EXTENSION TRANSFERRED EMPLOYEE'S CLAIM FOR $325.23 REPRESENTING EXPENSES INCIDENT TO PURCHASE OF NEW RESIDENCE MORE THAN 1-1/2 YEARS AFTER JAN. 18, 1967, DATE OF REPORTING FOR DUTY AT NEW STATION, ADMINISTRATIVELY DENIED BECAUSE SETTLEMENT OF PURCHASE WAS NOT DELAYED BECAUSE OF LITIGATION, ONLY REASON FOR TIME EXTENSION THEN AUTHORIZED BY SEC. 4.1D, BUR. OF THE BUDGET CIR. NO. A-56, REVISED OCT. 12, 1966, MAY NOT BE ALLOWED UNDER JUNE 26, 1969 AMENDMENT TO CIRCULAR AUTHORIZING AGENCY TO EXTEND 1-YEAR LIMITATION UNDER SPECIFIED CONDITIONS OTHER THAN LITIGATION, FOR SETTLEMENT OF RESIDENCE SALE, PURCHASE OR LEASE TRANSACTIONS, SINCE AMENDMENT WAS NOT RETROACTIVE. SEE B-164461, DEC. 12, 1969.

TO MR. HAROLD J. FARRALL:

THIS REFERS TO YOUR LETTER OF FEBRUARY 3, 1970, WITH ENCLOSURES, REFERENCE 7-360, REQUESTING A DECISION WHETHER THE CLAIM OF MR. PETER J. PRYOR, IN THE AMOUNT OF $325.23 REPRESENTING EXPENSES INCURRED IN CONNECTION WITH THE PURCHASE OF A RESIDENCE IN DENVER, COLORADO, MAY BE PAID.

BY TRAVEL AUTHORIZATION DATED DECEMBER 12, 1966, MR. PRYOR WAS TRANSFERRED FROM BOULDER CITY, NEVADA, TO DENVER, COLORADO. THE TRAVEL ORDER AUTHORIZED BENEFITS PROVIDED BY PUBLIC LAW 89-519 (516) SUBJECT TO REGULATIONS TO BE ISSUED BY THE BUREAU OF THE BUDGET AND IMPLEMENTED BY THE DEPARTMENT OF THE INTERIOR. MR. PRYOR REPORTED FOR DUTY AT DENVER JANUARY 18, 1967. DUE TO DIFFICULTIES IN DISPOSING OF HIS RESIDENCE AT HIS OLD DUTY STATION, MR. PRYOR DID NOT PURCHASE A NEW RESIDENCE UNTIL JULY 25, 1968, WHICH WAS MORE THAN 1-1/2 YEARS AFTER MOVING TO DENVER.

SECTION 4D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, IN EFFECT AT THE TIME HERE IN QUESTION AUTHORIZED REIMBURSEMENT TO AN EMPLOYEE OF CERTAIN REAL ESTATE EXPENSES INCURRED IN THE PURCHASE OF A RESIDENCE, PROVIDED THAT THE SETTLEMENT DATE FOR SUCH PURCHASE WAS NOT LATER THAN 1 YEAR AFTER THE DATE ON WHICH AN EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION. AN EXTENSION OF TIME COULD BE AUTHORIZED ONLY WHEN SETTLEMENT WAS UNNECESSARILY DELAYED BECAUSE OF LITIGATION.

SINCE THERE WAS A LAPSE OF MORE THAN 12 MONTHS BETWEEN JANUARY 18, 1967-- WHEN MR. PRYOR REPORTED TO HIS NEW DUTY STATION--AND JULY 25, 1968, WHEN HE PURCHASED A NEW RESIDENCE, AND AS THE SETTLEMENT OF THE PURCHASE WAS NOT DELAYED BECAUSE OF LITIGATION, THE DEPARTMENT DENIED MR. PRYOR'S REQUEST FOR REIMBURSEMENT.

UNDER THE DATE OF JUNE 26, 1969, THE REGULATIONS OF THE BUREAU OF THE BUDGET WERE AMENDED TO AUTHORIZE THE AGENCIES TO EXTEND THE 1-YEAR LIMITATION, UNDER SPECIFIED CONDITIONS OTHER THAN LITIGATION, FOR SETTLEMENT OF RESIDENCE SALE, PURCHASE OR LEASE TRANSACTIONS. IN ANSWER TO YOUR QUESTION AS TO WHETHER THIS AMENDMENT WAS RETROACTIVE SO AS TO BE APPLICABLE TO A SITUATION SUCH AS HERE, YOU ARE ADVISED THAT WE HAVE HELD IN THE NEGATIVE. SEE B-164461, DECEMBER 12, 1969, COPY HEREWITH.