B-169495, MAY 5, 1970

B-169495: May 5, 1970

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MAY BE REIMBURSED EXPENSES INCURRED EVEN THOUGH TRANSFER TO AID WAS NOT CONSUMMATED. SINCE AT DETAIL TERMINATION HE WAS ASSIGNED TO SANTIAGO FOR 30-MOS. RUDDY: THIS IS IN REPLY TO YOUR LETTER OF APRIL 1. SPENCE WAS SELECTED BY THE AGENCY FOR INTERNATIONAL DEVELOPMENT (AID) FOR A 2-YEAR ASSIGNMENT IN SANTIAGO. HE WAS TO BE TRANSFERRED TO AID WITH REEMPLOYMENT RIGHTS IN THE INTERNAL REVENUE SERVICE. THE TRANSFER WAS NOT CONSUMMATED PENDING A CIVIL SERVICE COMMISSION RULING ON CERTAIN QUESTIONS RELATING TO MR. SPENCE'S SERVICES WERE URGENTLY NEEDED. HE WAS PLACED ON DETAIL TO AID. HIS HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AND SHIPPED TO CHILE SHORTLY THEREAFTER. HIS DETAIL TO AID WAS TERMINATED ON FEBRUARY 2.

B-169495, MAY 5, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--STATUS--TRANSFER NOT CONSUMMATED IRS EMPLOYEE, DETAILED TO AID FOR DUTY IN SANTIAGO, CHILE, WITH TRANSFER ON 2-YR. ASSIGNMENT NOT CONSUMMATED PENDING CSC RULING REGARDING RETIREMENT BENEFITS, WHO TRAVELED TO CHILE WITH WIFE AND MOVED HOUSEHOLD EFFECTS, MAY BE REIMBURSED EXPENSES INCURRED EVEN THOUGH TRANSFER TO AID WAS NOT CONSUMMATED, SINCE AT DETAIL TERMINATION HE WAS ASSIGNED TO SANTIAGO FOR 30-MOS. BY IRS WITH AUTHORIZED TRANSPORTATION OF WIFE AND HOUSEHOLD EFFECTS, AND CONTINUED TO PERFORM SAME TYPE OF DUTIES FOR AID UNDER REIMBURSABLE PARTICIPATING AGENCY SERVICE AGREEMENT. THEREFORE, TRANSFER MAY BE CONSIDERED FOR PERMANENT DUTY IN CHILE. SEE COMP. GEN. DECS. CITED.

TO MISS MARY E. RUDDY:

THIS IS IN REPLY TO YOUR LETTER OF APRIL 1, 1970, REFERENCE A:F:AF, REQUESTING OUR DECISION AS TO WHETHER A TRAVEL VOUCHER FOR $773.44 IN FAVOR OF MR. JOHN E. SPENCE, AN EMPLOYEE OF YOUR AGENCY, MAY BE CERTIFIED FOR PAYMENT UNDER THE CIRCUMSTANCES STATED BELOW.

IN 1962 MR. SPENCE WAS SELECTED BY THE AGENCY FOR INTERNATIONAL DEVELOPMENT (AID) FOR A 2-YEAR ASSIGNMENT IN SANTIAGO, CHILE. HE WAS TO BE TRANSFERRED TO AID WITH REEMPLOYMENT RIGHTS IN THE INTERNAL REVENUE SERVICE. THE TRANSFER WAS NOT CONSUMMATED PENDING A CIVIL SERVICE COMMISSION RULING ON CERTAIN QUESTIONS RELATING TO MR. SPENCE'S CIVIL SERVICE RETIREMENT BENEFITS. HOWEVER, SINCE MR. SPENCE'S SERVICES WERE URGENTLY NEEDED, HE WAS PLACED ON DETAIL TO AID. HE LEFT FOR HIS ASSIGNMENT IN CHILE ON APRIL 15, 1963, WITH HIS WIFE. HIS HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AND SHIPPED TO CHILE SHORTLY THEREAFTER. AFTER THE CIVIL SERVICE COMMISSION RENDERED ITS DECISION REGARDING MR. SPENCE'S RETIREMENT BENEFITS, HIS DETAIL TO AID WAS TERMINATED ON FEBRUARY 2, 1964, AT WHICH TIME HE WAS GIVEN A 30-MONTH ASSIGNMENT IN SANTIAGO, CHILE, BY THE INTERNAL REVENUE SERVICE, AND WAS AUTHORIZED TRANSPORTATION FOR HIS WIFE AND HOUSEHOLD EFFECTS. YOU REQUEST OUR DECISION AS TO WHETHER MR. SPENCE MAY BE REIMBURSED FOR HIS WIFE'S TRAVEL AND THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS INASMUCH AS THE EXPENSES WERE INCURRED WHILE HE WAS ON DETAIL WITH AID.

REIMBURSEMENT OF THE TRAVEL EXPENSES OF AN EMPLOYEE'S IMMEDIATE FAMILY AND THE TRANSPORTATION EXPENSES OF HIS HOUSEHOLD EFFECTS, INCURRED IN ANTICIPATION OF A TRANSFER OF OFFICIAL STATION, HAS BEEN AUTHORIZED IN THOSE INSTANCES WHEN IT WAS SHOWN THAT THE TRAVEL ORDER SUBSEQUENTLY ISSUED TO THE EMPLOYEE INCLUDED AUTHORIZATION THEREFOR ON THE BASIS OF A PREVIOUSLY EXISTING ADMINISTRATIVE INTENTION, CLEARLY EVIDENT AT THE TIME THE EXPENSES WERE INCURRED BY THE EMPLOYEE, TO EFFECT A TRANSFER OF STATION. SEE 27 COMP. GEN. 97 (1947); B-149648, AUGUST 20, 1962. CF. 41 COMP. GEN. 582 (1962).

IN THE INSTANT CASE THE EXPENSES FOR WHICH MR. SPENCE CLAIMS REIMBURSEMENT WERE INCURRED AGAINST THE POSSIBILITY OF A 2-YEAR ASSIGNMENT WITH AID IN SANTIAGO, CHILE, IT HAVING BEEN RECOGNIZED, APPARENTLY, THAT AN UNFAVORABLE CIVIL SERVICE COMMISSION DECISION CONCERNING RETIREMENT BENEFITS WOULD OBVIATE HIS TRANSFER TO AID. THE TRANSFER WAS NOT CONSUMMATED. HOWEVER, MR. SPENCE WAS GIVEN A 30-MONTH ASSIGNMENT WITH YOUR AGENCY AT THE SAME LOCATION. WE UNDERSTAND THAT, AFTER HIS PERMANENT ASSIGNMENT TO SANTIAGO BY YOUR AGENCY, MR. SPENCE CONTINUED TO PERFORM THE SAME TYPE OF DUTIES FOR AID UNDER A REIMBURSABLE PARTICIPATING AGENCY SERVICE AGREEMENT BETWEEN AID AND THE INTERNAL REVENUE SERVICE. UNDER THE CIRCUMSTANCES IT APPEARS REASONABLE TO CONCLUDE THAT MR. SPENCE WAS TRANSFERRED FOR PERMANENT DUTY IN CHILE, THE ONLY MATTER IN DOUBT HAVING BEEN WHETHER HE WAS TO BE AN AID OR IRS EMPLOYEE. THEREFORE, THE EXPENSES CLAIMED MAY BE CONSIDERED TO HAVE BEEN INCURRED IN ANTICIPATION OF A PERMANENT TRANSFER OF STATION.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE PROPER.