B-171603, MAR 2, 1971

B-171603: Mar 2, 1971

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ALTHOUGH CLAIMANTS WERE HIRED PRIOR TO THEIR MARRIAGE. THEY WERE MARRIED BEFORE THEIR PERMANENT DUTY TRAVEL AND BOB CIR. ALTHOUGH THEY ARE BOTH DEPARTMENT EMPLOYEES. PEACOCK WERE HIRED DURING THE SUMMER OF 1969 PRIOR TO THEIR MARRIAGE. THEY WERE MARRIED. IF TWO OR MORE MEMBERS OF AN IMMEDIATE FAMILY ARE ENTITLED TO ALLOWANCES UNDER THESE REGULATIONS AS GOVERNMENT EMPLOYEES INCIDENT TO MOVEMENTS BETWEEN OFFICIAL STATIONS. THE ALLOWANCES AUTHORIZED IN THE REGULATIONS WILL APPLY ONLY TO ONE MEMBER. THE OTHER IS ELIGIBLE AS FAMILY MEMBER ONLY. A -56 STATES IN PERTINENT PART IN PARAGRAPH 3A: " - NEW PARAGRAPH 1.3A(5) PRECLUDES DUPLICATE ELIGIBILITY WHERE TWO OR MORE MEMBERS OF AN IMMEDIATE FAMILY ARE OTHERWISE ENTITLED.

B-171603, MAR 2, 1971

ALLOWABLE PER DIEM - MARRIED COUPLE DECISION HOLDING THAT COUPLE MARRIED PRIOR TO THEIR PERMANENT DUTY TRAVEL TO ALASKA AS EMPLOYEES OF THE DEPARTMENT OF THE INTERIOR MUST BE PAID PER DIEM AS MEMBERS OF ONE FAMILY. ALTHOUGH CLAIMANTS WERE HIRED PRIOR TO THEIR MARRIAGE, THEY WERE MARRIED BEFORE THEIR PERMANENT DUTY TRAVEL AND BOB CIR. NO. A-56 PROVIDES AT SECTION 1.3A(5) AND 2.2B(1) THAT MR. PEACOCK WOULD BE ENTITLED TO PER DIEM AS THE HEAD OF THE HOUSEHOLD AND MRS. PEACOCK TO THREE-FOURTHS OF THE PER DIEM RATE. EACH MEMBER OF THE FAMILY, ALTHOUGH THEY ARE BOTH DEPARTMENT EMPLOYEES, MAY NOT CLAIM PER DIEM IN HIS OWN RIGHT.

TO MR. BERT J. PAPPAN:

WE REFER FURTHER TO YOUR LETTER OF DECEMBER 22, 1970, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION ON THE ALLOWABILITY OF PER DIEM CLAIMED BY MR. AND MRS. ALBERT J. PEACOCK INCIDENT TO THEIR PERMANENT DUTY TRAVEL TO ALASKA IN 1969 AS EMPLOYEES OF THE DEPARTMENT OF THE INTERIOR.

FROM THE PAPERS SUBMITTED WITH YOUR REQUEST IT APPEARS THAT MR. AND MRS. PEACOCK WERE HIRED DURING THE SUMMER OF 1969 PRIOR TO THEIR MARRIAGE. THEY WERE MARRIED, HOWEVER, BEFORE THEIR PERMANENT DUTY TRAVEL TO ALASKA IN AUGUST OF 1969. EACH CLAIMS PER DIEM IN HIS OWN RIGHT FOR THE TRIP TO ALASKA RATHER THAN AS MEMBERS OF ONE FAMILY.

YOU REFER TO SECTION 1.3A(5) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, WHICH READS:

"EXCEPT AS PROVIDED IN 7.3A, IF TWO OR MORE MEMBERS OF AN IMMEDIATE FAMILY ARE ENTITLED TO ALLOWANCES UNDER THESE REGULATIONS AS GOVERNMENT EMPLOYEES INCIDENT TO MOVEMENTS BETWEEN OFFICIAL STATIONS, THEIR OLD AND NEW STATIONS, RESPECTIVELY, BEING LOCATED CLOSE TOGETHER, THE ALLOWANCES AUTHORIZED IN THE REGULATIONS WILL APPLY ONLY TO ONE MEMBER, THE OTHER IS ELIGIBLE AS FAMILY MEMBER ONLY. THE SAME LIMITATIONS APPLY TO NEW APPOINTEES, OVERSEAS EMPLOYEES RETURNING TO PLACES OF ACTUAL RESIDENCE FOR SEPARATION, AND COMBINATIONS OF EMPLOYEES OTHERWISE ELIGIBLE."

TRANSMITTAL MEMORANDUM NO. 5, JUNE 26, 1969, WHICH AMENDED CIRCULAR NO. A -56 STATES IN PERTINENT PART IN PARAGRAPH 3A:

" - NEW PARAGRAPH 1.3A(5) PRECLUDES DUPLICATE ELIGIBILITY WHERE TWO OR MORE MEMBERS OF AN IMMEDIATE FAMILY ARE OTHERWISE ENTITLED, AS GOVERNMENT EMPLOYEES, TO ALLOWANCES UNDER THE CIRCULAR."

PARAGRAPH 6 OF TRANSMITTAL MEMORANDUM NO. 5 PROVIDES:

"EFFECTIVE DATE. THE AMENDMENTS ARE EFFECTIVE ON AND AFTER THE DATE OF THIS TRANSMITTAL MEMORANDUM."

ACCORDINGLY, AND AS SUGGESTED IN THE PAPERS SUBMITTED, MR. PEACOCK AS THE HEAD OF THE HOUSEHOLD WOULD BE ENTITLED TO PER DIEM AT THE RATE OF $16 AS AUTHORIZED IN HIS TRAVEL ORDERS WITH THE ENTITLEMENT OF HIS SPOUSE LIMITED BY SECTION 2.2B(1) OF CIRCULAR NO. 56 TO THREE-FOURTHS OF THE $16 PER DIEM RATE.

THE VOUCHERS ARE RETURNED AND MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE FOREGOING IF OTHERWISE CORRECT.