B-169962, JUL. 2, 1970

B-169962: Jul 2, 1970

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

EMPLOYEE WHO INCIDENT TO TRANSFER TO NEW STATION MOVED INTO A HOME ON A RENTAL BASIS ALTHOUGH HE HAD AGREED TO PURCHASE THE HOME AS SOON AS HE SOLD HIS HOME AT THE OLD STATION MAY NOT HAVE SUCH A MOVE REGARDED AS QUALIFYING HIM AS OCCUPYING TEMPORARY QUARTERS FOR PURPOSE OF RECEIVING PAYMENT FOR SUBSISTENCE EXPENSES EVEN THOUGH IT RESULTED IN SAVINGS TO THE GOVT. GIBSON FOR REIMBURSEMENT OF CERTAIN SUBSISTENCE COSTS INCURRED AT HIS NEW OFFICIAL STATION IS PROPERLY PAYABLE. WAS AUTHORIZED AND SHORTLY AFTER HIS ARRIVAL AT HIS NEW STATION HE ENTERED AN AGREEMENT TO PURCHASE A HOUSE. AS A CONSEQUENCE HIS CLAIM FOR SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS WAS REDUCED BY THE AMOUNT OF $251.96 COVERING THE PERIOD FROM OCTOBER 8 THROUGH 23.

B-169962, JUL. 2, 1970

CIVIL PAY -- EMPLOYEE TRANSFER -- TEMPORARY QUARTERS DECISION TO CERTIFYING OFFICER, DEPT. OF JUSTICE DISALLOWING PAYMENT OF VOUCHER OF CERTAIN SUBSISTENCE COSTS INCURRED BY EMPLOYEE AT NEW STATION. EMPLOYEE WHO INCIDENT TO TRANSFER TO NEW STATION MOVED INTO A HOME ON A RENTAL BASIS ALTHOUGH HE HAD AGREED TO PURCHASE THE HOME AS SOON AS HE SOLD HIS HOME AT THE OLD STATION MAY NOT HAVE SUCH A MOVE REGARDED AS QUALIFYING HIM AS OCCUPYING TEMPORARY QUARTERS FOR PURPOSE OF RECEIVING PAYMENT FOR SUBSISTENCE EXPENSES EVEN THOUGH IT RESULTED IN SAVINGS TO THE GOVT., IT DOES NOT JUSTIFY BASIS FOR SUBSISTENCE FOR TEMPORARY QUARTERS UNDER PROVISIONS OF THE BUREAU OF BUDGET CIRCULAR NO. A-56.

TO MR. L. V. AUTREY:

WE REFER TO YOUR LETTER DATED JUNE 2, 1970, REQUESTING ADVICE AS TO WHETHER A RECLAIM VOUCHER IN THE AMOUNT OF $251.96 SUBMITTED BY MR. GARY L. GIBSON FOR REIMBURSEMENT OF CERTAIN SUBSISTENCE COSTS INCURRED AT HIS NEW OFFICIAL STATION IS PROPERLY PAYABLE.

MR. GIBSON'S TRANSFER FROM WASHINGTON, D. C., TO DALLAS, TEXAS, WAS AUTHORIZED AND SHORTLY AFTER HIS ARRIVAL AT HIS NEW STATION HE ENTERED AN AGREEMENT TO PURCHASE A HOUSE. BEFORE MAKING SETTLEMENT ON THE HOUSE HE MOVED IN (OCTOBER 8, 1969) UNDER AN AGREEMENT TO PAY THE OWNER $6 PER DAY AS RENT. AS A CONSEQUENCE HIS CLAIM FOR SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS WAS REDUCED BY THE AMOUNT OF $251.96 COVERING THE PERIOD FROM OCTOBER 8 THROUGH 23, 1969. THE EMPLOYEE ASSERTS THAT HE SHOULD BE REGARDED AS OCCUPYING TEMPORARY QUARTERS DURING SUCH PERIOD BECAUSE HE WAS NOT IN A POSITION TO PURCHASE A HOME UNTIL HIS HOUSE IN VIRGINIA HAD BEEN SOLD; THAT HIS WIFE'S PHYSICAL CONDITION PRECLUDED LIVING IN A MOTEL; AND THAT THE GOVERNMENT REALIZED A SAVINGS SINCE THE DAILY RENTAL WAS CONSIDERABLY LESS THAN THE DAILY MOTEL RATE.

SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDES FOR THE PAYMENT OF SUBSISTENCE EXPENSES OF AN EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS DUE TO A TRANSFER OF OFFICIAL STATION. UNDER THOSE PROVISIONS WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE MAY NOT BE REIMBURSED SUBSISTENCE EXPENSES AFTER HE OCCUPIES A RESIDENCE IN WHICH HE INTENDS TO REMAIN REGARDLESS OF THE FACT THAT HE WAS REQUIRED TO PAY RENT AND INCURRED EXPENSES FOR MEALS. WE HAVE ALSO HELD THAT THE FACT THAT OCCUPANCY OF A HOUSE UNDER A RENTAL AGREEMENT SUCH AS HERE INVOLVED RESULTED IN A SAVINGS TO THE GOVERNMENT MAY NOT SERVE AS A BASIS FOR A PAYMENT OF TEMPORARY QUARTERS ALLOWANCE. B-160904, MARCH 7, 1967, AND B-168336, DECEMBER 10, 1969.

IT SEEMS CLEAR THAT WHEN MR. GIBSON MOVED INTO THE HOUSE ON OCTOBER 8, 1969, HE HAD ENTERED INTO AN AGREEMENT TO PURCHASE THE HOUSE AND THAT IT WAS HIS INTENTION TO MAKE THE DWELLING HIS PERMANENT RESIDENCE. ACCORDINGLY, NONE OF THE REASONS ADVANCED BY HIM AS JUSTIFYING REIMBURSEMENT PROVIDE A BASIS FOR ALLOWING HIS CLAIM.

THE VOUCHER IS RETURNED AND MAY NOT BE CERTIFIED FOR PAYMENT.