B-175975, JUL 17, 1972, 52 COMP GEN 34

B-175975, JUL 17, 1972, 52 COMP GEN 34

SUBSISTENCE - PER DIEM - DEPENDENTS - TRANSFER OF EMPLOYEE SINCE THE OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 PROVIDES THE PER DIEM PAYABLE TO A CIVILIAN EMPLOYEE FOR HIS DEPENDENTS TRAVELING WITH HIM INCIDENT TO A CHANGE OF OFFICIAL STATION SHOULD BE COMPUTED ON THE BASIS OF A PERCENTAGE OF THE PER DIEM RATE THE EMPLOYEE WOULD RECEIVE IF TRAVELING ALONE, AN EMPLOYEE WHO PAID VARYING PER DIEM RATES WHILE TRAVELING WITH HIS SPOUSE ON A HOUSEHUNTING TRIP TO SEEK A RESIDENCE AT HIS NEW STATION AND IN CONNECTION WITH TRAVEL PERFORMED WITH HIS DEPENDENTS FROM HIS OLD TO HIS NEW STATION IS ENTITLED TO A PER DIEM ALLOWANCE FOR HIS DEPENDENTS COMPUTED BY USING THE AVERAGE SINGLE RATE APPLICABLE TO THE ROOMS OCCUPIED AS THE BASE UPON WHICH THE DEPENDENTS' PER DIEM IS CALCULATED.

TO A. A. FUSCO, OFFICE OF ECONOMIC OPPORTUNITY, JULY 17, 1972:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 8, 1972, REQUESTING OUR DECISION AS TO THE PROPER RATE OF PER DIEM PAYABLE TO MR. AUGUSTIN T. GURULE, AN EMPLOYEE OF YOUR AGENCY, WHILE TRAVELING TO SEEK RESIDENCE QUARTERS AT HIS NEW STATION AND WHILE TRAVELING FROM HIS OLD TO HIS NEW STATION, INCIDENT TO A TRANSFER OF STATION FROM SAN FRANCISCO, CALIFORNIA, TO DALLAS, TEXAS.

ALL TRAVEL INVOLVED WAS PERFORMED IN JANUARY 1972. DURING THE TRAVEL TO SEEK RESIDENCE QUARTERS MR. GURULE WAS ACCOMPANIED BY HIS SPOUSE. THE LODGING RECEIPT FROM THE EMPLOYEE'S MOTEL IN DALLAS SHOWS A DAILY CHARGE PLUS TAX OF $16.76. DURING THE ACTUAL TRANSPORTATION OF THE EMPLOYEE, HIS SPOUSE, AND DEPENDENT DAUGHTER, TO THE NEW DUTY STATION, LODGING WAS SECURED AT VARIOUS LOCATIONS AT VARYING RATES. PARAGRAPH 6.3C, OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-7, REVISED EFFECTIVE OCTOBER 10, 1971, SPECIFIES THAT THE PER DIEM RATE OF AN EMPLOYEE IS COMPUTED BY ADDING THE AVERAGE COST OF LODGING TO A SUITABLE ALLOWANCE FOR MEALS AND MISCELLANEOUS EXPENSES. YOU REQUEST OUR DECISION AS TO WHICH OF THE FOLLOWING METHODS OF COMPUTING PER DIEM IS CORRECT.

MR. GURULE OBTAINS AND CERTIFIES AS TO THE SINGLE RATE APPLICABLE TO THE ROOMS) WHICH HE OCCUPIED WITH HIS DEPENDENTS). THE AVERAGE RATE (SINGLE) WILL BE USED IN COMPUTATION OF HIS PER DIEM THUS FORMING THE BASE UPON WHICH THE DEPENDENTS) PER DIEM IS CALCULATED OR;

DIVIDE THE ACTUAL AMOUNT PAID FOR THE ROOMS) BY THE NUMBER OF PERSONS OCCUPYING THE ROOMS). THE AVERAGE COST OF LODGING PER PERSON THUS OBTAINED WILL BE USED IN DETERMINING THE DAILY PER DIEM FOR THE EMPLOYEE AND PROVIDE THE BASE FOR THE COMPUTATION OF PER DIEM FOR HIS DEPENDENTS).

CIRCULAR NO. A-56 ISSUED BY THE OFFICE OF MANAGEMENT AND BUDGET PROVIDES FOR THE PAYMENT OF A PER DIEM ALLOWANCE FOR THE SPOUSE WHO ACCOMPANIES THE EMPLOYEE ON A HOUSEHUNTING TRIP INCIDENT TO A CHANGE OF OFFICIAL STATION WHICH AMOUNTS TO 75 PER CENTUM OF THE PER DIEM ALLOWANCE AUTHORIZED FOR THE EMPLOYEE; ALSO, IN CONNECTION WITH TRAVEL BETWEEN THE OLD AND NEW STATIONS THE DEPENDENTS WHEN THEY ACCOMPANY THE EMPLOYEE ARE AUTHORIZED A PER DIEM ALLOWANCE BASED ON A PERCENTAGE OF THE PER DIEM RATE AUTHORIZED FOR THE EMPLOYEE. WE BELIEVE SUCH REGULATIONS CONTEMPLATE THAT THE PER DIEM FOR THE SPOUSE OR OTHER DEPENDENTS AS THE CASE MIGHT BE SHOULD BE COMPUTED ON THE BASIS OF THE PER DIEM RATE AN EMPLOYEE WOULD RECEIVE IF HE WERE TRAVELING ALONE. THEREFORE, THE FIRST SUGGESTED METHOD FOR COMPUTING THE PER DIEM ENTITLEMENTS IS APPROVED.

THE VOUCHER IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE.