B-170249, JUL. 23, 1970

B-170249: Jul 23, 1970

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WAS SCHEDULED FOR TRANSFER TO NEW STATION IN AUGUST 1966. WHO WAS TRANSFERRED IN MAY 1966. WHICH WAS NOT COMPLETED UNTIL 1969 IS NOT ENTITLED TO REIMBURSEMENT OF EXPENSES UNDER BUREAU OF THE BUDGET CIRCULAR NO. YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT YOUR TRANSFER OCCURRED PRIOR TO JULY 21. YOU ASK RECONSIDERATION OF YOUR CLAIM ON THE GROUND THAT YOUR TRANSFER WAS TO HAVE TAKEN PLACE IN AUGUST 1966. THAT YOU WERE MOVED AHEAD OF THAT DATE FOR THE CONVENIENCE OF THE GOVERNMENT. THE BENEFITS AUTHORIZED BY PUBLIC LAW 89-516 WERE MADE SUBJECT TO REGULATIONS TO BE ISSUED BY THE PRESIDENT WHO. L. 89-516 IS CONDITIONED UPON (A) AN EMPLOYEE OR NEW APPOINTEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21.

B-170249, JUL. 23, 1970

CIVIL PAY -- TRANSFER -- REAL ESTATE TRANSACTIONS -- TIME LIMITATION DECISION TO AN EMPLOYEE REAFFIRMING DECISION OF APRIL 24, 1970, SUSTAINING THE DISALLOWANCE OF CLAIM FOR REIMBURSEMENT FOR EXPENSES INCURRED IN THE SALE OF HIS RESIDENCE AT THE OLD OFFICIAL STATION, THREE YEARS AFTER TRANSFER FROM OLMSTED AFB, PENNSYLVANIA TO ROBINS AFB, GEORGIA IN MAY 1966. EMPLOYEE WHO, WAS SCHEDULED FOR TRANSFER TO NEW STATION IN AUGUST 1966, BUT WHO WAS TRANSFERRED IN MAY 1966, PRIOR TO SALE OF HIS RESIDENCE, WHICH WAS NOT COMPLETED UNTIL 1969 IS NOT ENTITLED TO REIMBURSEMENT OF EXPENSES UNDER BUREAU OF THE BUDGET CIRCULAR NO. A-56, WHICH LIMITS REIMBURSEMENT OF REAL ESTATE EXPENSES TO THOSE INCURRED IN A SALE OF RESIDENCE NOT LATER THAN ONE YEAR FROM DATE OF TRANSFER.

TO MR. SHAFER T. DAY:

THIS REFERS TO YOUR LETTER OF JUNE 4, 1970, WITH ENCLOSURES, ASKING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF APRIL 24, 1970, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR EXPENSES INCURRED IN CONNECTION WITH THE SALE OF YOUR RESIDENCE AT YOUR OLD OFFICIAL DUTY STATION INCIDENT TO YOUR PERMANENT CHANGE OF DUTY STATION FROM OLMSTED AIR FORCE BASE, PENNSYLVANIA, TO ROBINS AIR FORCE BASE, GEORGIA.

THE INFORMATION OF RECORD SHOWS THAT YOU REPORTED FOR DUTY AT YOUR NEW OFFICIAL DUTY STATION IN MAY 1966. YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT YOUR TRANSFER OCCURRED PRIOR TO JULY 21, 1966, THE EFFECTIVE DATE OF PUBLIC LAW 89-516. YOU ASK RECONSIDERATION OF YOUR CLAIM ON THE GROUND THAT YOUR TRANSFER WAS TO HAVE TAKEN PLACE IN AUGUST 1966, BUT THAT YOU WERE MOVED AHEAD OF THAT DATE FOR THE CONVENIENCE OF THE GOVERNMENT.

THE BENEFITS AUTHORIZED BY PUBLIC LAW 89-516 WERE MADE SUBJECT TO REGULATIONS TO BE ISSUED BY THE PRESIDENT WHO, BY EXECUTIVE ORDER NO. 11290, JULY 21, 1966, DELEGATED HIS AUTHORITY IN THAT REGARD TO THE DIRECTOR, BUREAU OF THE BUDGET. BUREAU OF THE BUDGET CIRCULAR NO. A 56, REVISED OCTOBER 12, 1966, CONTAINS THE APPLICABLE REGULATIONS. PARAGRAPH 5, PAGE 3, OF THE COVERING LETTER TO BUREAU OF THE BUDGET CIRCULAR NO. A- 56, SETS FORTH THE CONDITIONS OF ENTITLEMENT TO THE NEW BENEFITS UNDER PUBLIC LAW 89-516 AS FOLLOWS:

" *** ENTITLEMENT TO THE ALLOWANCES PROVIDED UNDER P. L. 89-516 IS CONDITIONED UPON (A) AN EMPLOYEE OR NEW APPOINTEE REPORTING FOR DUTY AT HIS NEW OFFICIAL STATION (WHICH CONSTITUTES THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT) ON OR AFTER JULY 21, 1966, AND (B) EXPENSES THAT ARE REIMBURSABLE UNDER THE PROVISIONS OF THE STATUTE AND IMPLEMENTING REGULATIONS BEING INCURRED ON OR AFTER JULY 21, 1966."

BOTH CONDITIONS QUOTED MUST BE MET FOR ENTITLEMENT TO ALLOWANCES UNDER THE ACT. SINCE YOUR TRANSFER WAS COMPLETED PRIOR TO JULY 21, 1966, YOU FAILED TO MEET CONDITION (A) AND, THEREFORE, NO AUTHORITY EXISTS FOR PAYMENT OF THE EXPENSES CLAIMED.

THE RESIDENCE SALE EXPENSES FOR WHICH YOU CLAIM REIMBURSEMENT WERE INCURRED IN 1969. THEREFORE, EVEN IF YOUR TRANSFER HAD OCCURRED IN AUGUST 1966 AS YOU SUGGEST IT SHOULD HAVE BEEN, THERE STILL WOULD BE NO AUTHORITY TO ALLOW YOUR CLAIM IN LIGHT OF SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, IN EFFECT AT THE TIME OF YOUR TRANSFER, WHICH LIMITED REIMBURSEMENT OF REAL ESTATE EXPENSES TO THOSE INCURRED IN CONNECTION WITH SALES NOT LATER THAN ONE YEAR FROM THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL DUTY STATION.

ACCORDINGLY, WE MUST SUSTAIN THE ACTION TAKEN IN OUR SETTLEMENT OF APRIL 24, 1970, DISALLOWING YOUR CLAIM.