B-170056, JUL. 29, 1970

B-170056: Jul 29, 1970

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WITH FAMILY MOVED INTO PERMANENT RESIDENCE AT NEW STATION BUT WHO DID NOT HAVE UTILITY SERVICE CONNECTED AND HOUSEHOLD EFFECTS WERE NOT DELIVERED UNTIL A LATER DATE. MAY NOT HAVE SUCH QUARTERS CONSIDERED "TEMPORARY" FOR PURPOSE OF REIMBURSEMENT OF SUBSISTENCE EXPENSES. ROW: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 11. SIAO WAS REIMBURSED FOR TEMPORARY QUARTERS FOR NOVEMBER 15 AND 16. THAT REIMBURSEMENT WAS DENIED AFTER THAT DATE SINCE IT WAS DETERMINED THAT MR. SIAO TOOK EXCEPTION TO THAT DISALLOWANCE BASED ON THE FACT THAT THE GAS AND ELECTRIC SERVICE IN THEIR PERMANENT QUARTERS WAS NOT CONNECTED UNTIL DECEMBER 3. THAT HIS HOUSEHOLD EFFECTS WERE NOT DELIVERED UNTIL SOMETIME THEREAFTER.

B-170056, JUL. 29, 1970

CIVIL PAY -- TRANSFER -- TEMPORARY QUARTERS -- SUBSISTENCE ALLOWANCE DECISION TO CERTIFYING OFFICER, FEDERAL BUREAU OF INVESTIGATION DEPT. OF JUSTICE, HOLDING THAT A VOUCHER FOR TEMPORARY QUARTERS SUBSISTANCE ALLOWANCE FROM NOVEMBER 30, TO DECEMBER 3, 1969, INCIDENT TO CHANGE OF OFFICIAL STATION AFTER EMPLOYEE AND FAMILY MOVED INTO PERMANENT QUARTERS MAY NOT BE CERTIFIED. EMPLOYEE WHO, WITH FAMILY MOVED INTO PERMANENT RESIDENCE AT NEW STATION BUT WHO DID NOT HAVE UTILITY SERVICE CONNECTED AND HOUSEHOLD EFFECTS WERE NOT DELIVERED UNTIL A LATER DATE, MAY NOT HAVE SUCH QUARTERS CONSIDERED "TEMPORARY" FOR PURPOSE OF REIMBURSEMENT OF SUBSISTENCE EXPENSES.

TO MR. MAURICE F. ROW:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 11, 1970, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF MAKING PAYMENT ON A SUPPLEMENTAL VOUCHER IN THE AMOUNT OF $95.96 IN FAVOR OF MR. GEORGE J. SIAO, REPRESENTING REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR THE PERIOD NOVEMBER 30, 1969, THROUGH DECEMBER 3, 1969, IN CONNECTION WITH HIS ORDERED CHANGE OF OFFICIAL STATION.

YOU STATE THAT MR. SIAO WAS REIMBURSED FOR TEMPORARY QUARTERS FOR NOVEMBER 15 AND 16, 1969, AND FOR NOVEMBER 26 THROUGH NOVEMBER 29, 1969, BUT THAT REIMBURSEMENT WAS DENIED AFTER THAT DATE SINCE IT WAS DETERMINED THAT MR. SIAO MOVED INTO HIS PERMANENT QUARTERS ON NOVEMBER 29. YOU FURTHER STATE THAT MR. SIAO TOOK EXCEPTION TO THAT DISALLOWANCE BASED ON THE FACT THAT THE GAS AND ELECTRIC SERVICE IN THEIR PERMANENT QUARTERS WAS NOT CONNECTED UNTIL DECEMBER 3, 1969, AND THAT HIS HOUSEHOLD EFFECTS WERE NOT DELIVERED UNTIL SOMETIME THEREAFTER.

SECTION 2.5B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDES, WITH RESPECT TO TEMPORARY SUBSISTENCE EXPENSE, AS FOLLOWS:

"(1) SUBSISTENCE EXPENSES OF THE EMPLOYEE, FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, AND EACH MEMBER OF HIS IMMEDIATE FAMILY *** WHILE NECESSARILY OCCUPYING TEMPORARY QUARTERS WILL BE ALLOWED ***

"(3) TEMPORARY QUARTERS REFERS TO LODGING OBTAINED TEMPORARILY BY THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY WHO HAVE VACATED THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME THE TRANSFER WAS AUTHORIZED."

IN ORDER FOR AN EMPLOYEE TO BE REIMBURSED FOR SUBSISTENCE EXPENSES (TEMPORARY QUARTERS ALLOWANCE) ATTENDANT TO A CHANGE OF STATION, A DETERMINATION AS TO WHETHER THE QUARTERS OCCUPIED DURING THE PERIOD OF THE CLAIM ARE TEMPORARY OR PERMANENT IS REQUIRED, AS SUCH EXPENSES ARE PAYABLE ONLY DURING THE PERIOD THAT THE EMPLOYEE IS RESIDING IN QUARTERS WHICH ARE NOT PERMANENT IN CHARACTER.

WE HELD IN B-162044, AUGUST 9, 1967, A CASE SIMILAR TO THE ONE HERE INVOLVED, THAT WHERE AN EMPLOYEE AND HIS FAMILY OCCUPIED THEIR PERMANENT QUARTERS, REIMBURSEMENT FOR SUBSISTENCE EXPENSES WILL NOT BE ALLOWED AFTER SUCH OCCUPANCY BEGINS REGARDLESS OF THE FACT THAT THE UTILITIES HAD NOT BEEN CONNECTED.

MR. SIAO'S STATEMENT SHOWS THAT THE QUARTERS OCCUPIED BY HIMSELF AND HIS FAMILY BEGINNING NOVEMBER 29, 1969, WERE THEIR PERMANENT RESIDENCE QUARTERS WHEN THEY MOVED IN. THE FACT THAT THESE LIVING QUARTERS MAY NOT HAVE BEEN SATISFACTORY DUE TO THE TEMPORARY LACK OF UTILITY SERVICES, THUS NECESSITATING THAT THEY SECURE THEIR MEALS ELSEWHERE, DOES NOT ALTER THE FACT THAT HE AND HIS FAMILY WERE OCCUPYING THEIR PERMANENT RESIDENCE QUARTERS DURING THE PERIOD IN QUESTION. CONSEQUENTLY, THE CLAIM FOR THESE EXPENSES CANNOT BE CONSIDERED AS ARISING OUT OF THE OCCUPANCY OF TEMPORARY QUARTERS WITHIN THE MEANING OF THE REGULATIONS QUOTED ABOVE. SEE ALSO B- 162510, OCTOBER 10, 1967. COMPARE B-163307, FEBRUARY 7, 1968.

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