B-172663, JUN 1, 1971

B-172663: Jun 1, 1971

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TRAVEL AND MOVING EXPENSES - SERVICE AGREEMENT DECISION THAT TRAVEL AND MOVING EXPENSES ARE REIMBURSABLE TO MOE J. TRAVEL AND MOVING EXPENSES WHICH WOULD HAVE BEEN PROPERLY REIMBURSABLE HAD AN EMPLOYMENT AGREEMENT BEEN EXECUTED BEFORE THE EFFECTIVE DATE OF TRANSFER MAY BE REIMBURSED UPON SUBSEQUENT EXECUTION OF SUCH AGREEMENT. IT IS STATED THAT MR. NAGROD IS ENTITLED TO BE REIMBURSED FOR TRAVEL AND MOVING EXPENSES BUT DUE TO ADMINISTRATIVE OVERSIGHT THIS WAS NOT ACCOMPLISHED. A VOUCHER AND SUPPORTING PAPERS WERE INCLUDED WITH THE MEMORANDUM. WHICH DATE IS OVER 6 MONTHS AFTER THE EFFECTIVE DATE OF HIS TRANSFER. MOVING *** AND ALLOWANCES AS PROVIDED IN THESE REGULATIONS WILL NOT BE ALLOWED UNLESS AND UNTIL THE EMPLOYEE SELECTED FOR SUCH TRANSFER WILL AGREE IN WRITING TO REMAIN IN THE SERVICE OF THE GOVERNMENT FOR TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF TRANSFER *** " TRAVEL AND MOVING EXPENSES WHICH WOULD HAVE BEEN PROPERLY REIMBURSABLE HAD AN EMPLOYMENT AGREEMENT BEEN EXECUTED BEFORE THE EFFECTIVE DATE OF SUCH TRANSFER MAY BE REIMBURSED UPON SUBSEQUENT EXECUTION OF SUCH AGREEMENT.

B-172663, JUN 1, 1971

TRAVEL AND MOVING EXPENSES - SERVICE AGREEMENT DECISION THAT TRAVEL AND MOVING EXPENSES ARE REIMBURSABLE TO MOE J. NAGROD, A CENSUS BUREAU EMPLOYEE, UPON EXECUTION OF AN EMPLOYMENT AGREEMENT. AN EMPLOYMENT AGREEMENT EXECUTED SIX MONTHS AFTER THE EFFECTIVE DATE OF TRANSFER MAY BE USED IN SUPPORT OF THE CLAIM FOR TRAVEL AND MOVING EXPENSES UNDER SECTION 1.3C(1), OMB CIRCULAR NO. A-56. TRAVEL AND MOVING EXPENSES WHICH WOULD HAVE BEEN PROPERLY REIMBURSABLE HAD AN EMPLOYMENT AGREEMENT BEEN EXECUTED BEFORE THE EFFECTIVE DATE OF TRANSFER MAY BE REIMBURSED UPON SUBSEQUENT EXECUTION OF SUCH AGREEMENT.

TO MR. CARL H. WHITE:

WE REFER TO YOUR LETTER OF APRIL 7, 1971, FORWARDING A TRAVEL VOUCHER, WITH SUPPORTING PAPERS, IN FAVOR OF MR. MOE J. NAGROD, AN EMPLOYEE OF THE BUREAU OF THE CENSUS. MR. NAGROD TRANSFERRED FROM THE DEPARTMENT OF THE ARMY, FORT MONMOUTH, NEW JERSEY, ON AUGUST 2, 1970, TO THE BUREAU FOR DUTY AT SUITLAND, MARYLAND.

IN A MEMORANDUM DATED MARCH 24, 1971, FROM THE CHIEF, PERSONNEL DIVISION, TO THE CHIEF, ADMINISTRATIVE AND PUBLICATIONS SERVICES DIVISION, BOTH OF THE BUREAU, IT IS STATED THAT MR. NAGROD IS ENTITLED TO BE REIMBURSED FOR TRAVEL AND MOVING EXPENSES BUT DUE TO ADMINISTRATIVE OVERSIGHT THIS WAS NOT ACCOMPLISHED. A VOUCHER AND SUPPORTING PAPERS WERE INCLUDED WITH THE MEMORANDUM. YOU NOTE THAT SEVERAL ITEMS ON THE VOUCHER NORMALLY WOULD BE QUESTIONED, BUT BEFORE ATTEMPTING TO PROCESS THE CLAIM ADMINISTRATIVELY, YOU REQUEST A DECISION WHETHER AN EMPLOYMENT AGREEMENT EXECUTED FEBRUARY 26, 1971, WHICH DATE IS OVER 6 MONTHS AFTER THE EFFECTIVE DATE OF HIS TRANSFER, MAY BE USED IN SUPPORT OF THE CLAIM IN VIEW OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, SUBSECTION 1.3C(1), WHICH READS IN PERTINENT PART:

" ***IN CONNECTION WITH THE TRANSFER OF EMPLOYEES BETWEEN OFFICIAL STATIONS WITHIN THE CONTINENTAL UNITED STATES, EXPENSES FOR TRAVEL, TRANSPORTATION, MOVING *** AND ALLOWANCES AS PROVIDED IN THESE REGULATIONS WILL NOT BE ALLOWED UNLESS AND UNTIL THE EMPLOYEE SELECTED FOR SUCH TRANSFER WILL AGREE IN WRITING TO REMAIN IN THE SERVICE OF THE GOVERNMENT FOR TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF TRANSFER *** "

TRAVEL AND MOVING EXPENSES WHICH WOULD HAVE BEEN PROPERLY REIMBURSABLE HAD AN EMPLOYMENT AGREEMENT BEEN EXECUTED BEFORE THE EFFECTIVE DATE OF SUCH TRANSFER MAY BE REIMBURSED UPON SUBSEQUENT EXECUTION OF SUCH AGREEMENT. SEE B-164004, MAY 8, 1968, COPY ENCLOSED. THE RULE IS OTHERWISE WITH RESPECT TO REIMBURSEMENT OF EXPENSES INCURRED ON HOUSE HUNTING TRIPS MADE IN CONNECTION WITH A TRANSFER OF STATION. SEE SECTIONS 2.4A(2) AND 2.4C(3) OF CIRCULAR NO. A-56.

THE VOUCHER, WITH ATTACHMENTS, IS THEREFORE RETURNED HEREWITH FOR ADMINISTRATIVE CONSIDERATION.