B-171158, FEB 18, 1971

B-171158: Feb 18, 1971

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C. CLAIM FOR $54 FOR DEPENDENTS' TEMPORARY QUARTERS EXPENSES WAS NOT IN ACCORD WITH SECTION 2.5 OF BOB CIRCULAR NO. A-56 IN THAT PER DIEM RATE WAS NOT REDUCED AS REQUIRED. THE PAYMENT WAS QUESTIONED IN OUR AUDIT BY INFORMAL INQUIRY NO. 67-T-41 DATED NOVEMBER 7. FOR THE REASON THAT SUCH ALLOWANCE WAS NOT ITEMIZED ON THE VOUCHER. YOU REQUEST ADVICE AS TO WHETHER THE ADDITIONAL INFORMATION IS SUFFICIENT TO SUPPORT THE PAYMENT. WE HAVE REVIEWED THE TEMPORARY QUARTERS MATTER TOGETHER WITH THE PER DIEM PAID FOR THE DEPENDENTS' TRAVEL AS BOTH TYPES OF ALLOWANCES WOULD HAVE BEEN PAYABLE FOR SEPARABLE PARTS OF SEVERAL SAME DAYS BASED UPON THE PROVISIONS OF SECTIONS 2.5B(5) AND 2.5D(2)(A). WE HAVE CONSIDERED INFORMATION CONTAINED IN MR.

B-171158, FEB 18, 1971

TRANSFERS - TEMPORARY QUARTERS - PER DIEM - DEPENDENTS AUTHORIZING REIMBURSEMENT MODIFIED ACCORDING TO APPLICABLE RULES FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES INCURRED BY EMPLOYEE OF DEPARTMENT OF LABOR IN CONNECTION WITH HIS TRANSFER FROM FORT LAUDERDALE, FLORIDA, TO RALEIGH, N. C. CLAIM FOR $54 FOR DEPENDENTS' TEMPORARY QUARTERS EXPENSES WAS NOT IN ACCORD WITH SECTION 2.5 OF BOB CIRCULAR NO. A-56 IN THAT PER DIEM RATE WAS NOT REDUCED AS REQUIRED. DURING THE SECOND 10-DAY PERIOD DEPENDENTS' ALLOWANCE SHOULD BE AT THE RATE OF 2/3 AND DURING THE THIRD 10-DAY PERIOD AT THE RATE OF 1/2.

TO MR. VLADIMIR OLEYNIK:

WE REFER FURTHER TO YOUR LETTER OF OCTOBER 27, 1970, WITH ENCLOSURES, FURNISHING ADDITIONAL INFORMATION CONCERNING THE SUM OF $270.50 ADMINISTRATIVELY ALLOWED MR. RAYMOND G. CORDELLI ON TRAVEL VOUCHER DATED MARCH 6, 1967, AS REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES INCURRED BY MR. CORDELLI AND HIS 3 DEPENDENTS IN CONNECTION WITH HIS TRANSFER FROM FT. LAUDERDALE, FLORIDA, TO RALEIGH, NORTH CAROLINA, UNDER TRAVEL ORDER NO. WH 67-163 DATED NOVEMBER 15, 1966, AS AMENDED. THE PAYMENT WAS QUESTIONED IN OUR AUDIT BY INFORMAL INQUIRY NO. 67-T-41 DATED NOVEMBER 7, 1967, FOR THE REASON THAT SUCH ALLOWANCE WAS NOT ITEMIZED ON THE VOUCHER, OR SUPPORTED BY RECEIPTS. YOU REQUEST ADVICE AS TO WHETHER THE ADDITIONAL INFORMATION IS SUFFICIENT TO SUPPORT THE PAYMENT.

WE HAVE REVIEWED THE TEMPORARY QUARTERS MATTER TOGETHER WITH THE PER DIEM PAID FOR THE DEPENDENTS' TRAVEL AS BOTH TYPES OF ALLOWANCES WOULD HAVE BEEN PAYABLE FOR SEPARABLE PARTS OF SEVERAL SAME DAYS BASED UPON THE PROVISIONS OF SECTIONS 2.5B(5) AND 2.5D(2)(A), (B) AND (C) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 REVISED (1966). IN THAT CONNECTION, WE HAVE CONSIDERED INFORMATION CONTAINED IN MR. CORDELLI'S LETTERS DATED MAY 14 AND DECEMBER 18, 1968, TOGETHER WITH EVIDENCE SUPPLIED BY HIS LETTER OF NOVEMBER 16, 1969, AND OTHER EVIDENCE (AMERICAN AUTOMOBILE ASSOCIATION (AAA) TOUR BOOK, FALL-WINTER, 1966-67) REGARDING HOTEL AND MOTEL DAILY RATES PREVAILING AT RALEIGH AND FT. LAUDERDALE (OTHER THAN BEACH AREA) DURING THE PERIOD NOVEMBER 21 TO DECEMBER 17, 1966. THE ADDITIONAL INFORMATION IS SUFFICIENT TO JUSTIFY A CONCLUSION THAT MR. CORDELLI'S CLAIM FOR THE TEMPORARY QUARTERS ALLOWANCE IN THE AMOUNT OF $216.50 FOR HIMSELF WOULD NOT EXCEED EXPENSES WHICH MAY REASONABLY HAVE BEEN INCURRED. ACCORDINGLY, NO FURTHER QUESTION WILL BE RAISED AS TO THAT ITEM.

HOWEVER, HIS CLAIM OF $54 FOR HIS DEPENDENTS' TEMPORARY QUARTERS EXPENSES WAS NOT IN ACCORDANCE WITH THE APPLICABLE SUBSECTIONS OF SECTION 2.5 OF CIRCULAR NO. A-56, ABOVE, IN THAT THE PER DIEM RATE WAS NOT REDUCED AS REQUIRED. DURING THE SECOND 10-DAY PERIOD THE DEPENDENTS' ALLOWANCE SHOULD BE FOR 3/4 DAY (6 P.M., DECEMBER 12 - NOON, DECEMBER 13) AT THE RATE OF 2/3 OF $8 ($5.34 X 3/4 X 3), OR $12.02, AND DURING THE THIRD 10- DAY PERIOD, THE ALLOWANCE SHOULD BE FOR 2 DAYS (6 P.M., DECEMBER 15 - 6 P.M., DECEMBER 17) AT THE RATE OF 1/2 OF $8 ($4 X 2 X 3), OR $24, TOTALING $36.02 IN LIEU OF THE $54 PAID ON THE VOUCHER.

ON THE OTHER HAND, WE NOTE THAT PER DIEM AT THE DAILY RATE OF $12 FOR MRS. CORDELLI'S TRAVEL PERIOD WAS CLAIMED AND PAID ON THE VOUCHER. YOUR OFFICE RECENTLY INFORMED US THAT $16 WAS THE AUTHORIZED RATE FOR TRAVEL TIME INCIDENT TO THE TRANSFER OF STATION WHEN THE SPOUSE DOES NOT ACCOMPANY THE EMPLOYEE BUT IS AUTHORIZED TO TRAVEL SEPARATELY, AS IN THIS CASE.

IN LIGHT OF SECTION 2.2B(1)(B) OF THE CIRCULAR IT APPEARS THAT MR. CORDELLI WAS UNDERPAID FOR HIS WIFE'S TRAVEL PER DIEM. HE SHOULD BE ALLOWED 2-1/4 DAYS AT $16 (NOON, DECEMBER 13 TO 6 P.M., DECEMBER 15), OR $36, IN LIEU OF 2-1/2 DAYS AT $12 (6 A.M., DECEMBER 13 TO 6 P.M., DECEMBER 15 INDICATED ON THE VOUCHER). THUS AS HE WAS UNDERPAID $6, THAT AMOUNT SHOULD BE APPLIED AS A CREDIT AGAINST OTHER EXPENSES OVERPAID; RECAPITULATED AS $270.50 MINUS CREDITS OF $216.50, $36.02 AND $6 LEAVES $11.98 TO BE REFUNDED BY MR. CORDELLI.