B-196557, NOV 29, 1979

B-196557: Nov 29, 1979

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YOU HAVE BEEN GRANTED AN EXTENSION OF ENTITLEMENT TO SUCH TRAVEL AND TRANSPORTATION BENEFITS TO JANUARY 31. ALTHOUGH AN OFFICIAL DECISION IS NOT BEING RENDERED. WE ARE PROVIDING THE FOLLOWING INFORMATION. GOVERNMENT EMPLOYEES SEPARATED FROM SERVICE OUTSIDE THE CONTINENTAL UNITED STATES ARE ENTITLED TO RETURN TRAVEL AND TRANSPORTATION EXPENSES UNDER 5 U.S.C. 5722 (1976). EXCEPT THAT: "(A) THE 2-YEAR PERIOD IS EXCLUSIVE OF THE TIME SPENT ON FURLOUGH FOR AN EMPLOYEE WHO BEGINS ACTIVE MILITARY SERVICE BEFORE THE EXPIRATION OF SUCH PERIOD AND WHO IS FURLOUGHED FOR THE DURATION OF HIS ASSIGNMENT TO THE POST OF DUTY FOR WHICH TRANSPORTATION AND TRAVEL EXPENSES ARE ALLOWED. "(B) THE 2-YEAR PERIOD DOES NOT INCLUDE ANY TIME DURING WHICH TRAVEL AND TRANSPORTATION IS NOT FEASIBLE DUE TO SHIPPING RESTRICTIONS FOR AN EMPLOYEE WHO IS TRANSFERRED OR APPOINTED TO OR FROM A POST OF DUTY OUTSIDE THE CONTERMINOUS UNITED STATES.".

B-196557, NOV 29, 1979

OFFICE OF GENERAL COUNSEL

O. CLARK HORTON:

WE REFER TO YOUR LETTER OF OCTOBER 17, 1979, ASKING WHETHER YOUR ENTITLEMENT TO TRAVEL AND TRANSPORTATION OF HOUSEHOLD GOODS TO THE CONTINENTAL UNITED STATES MAY BE EXTENDED BEYOND TWO YEARS FROM THE DATE OF YOUR RETIREMENT AS AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION (FAA) ON JANUARY 31, 1978. YOUR SUBMISSION SHOWS THAT THE CHIEF, PERSONNEL MANAGEMENT DIVISION OF THE ALASKAN REGION, FAA, HAS ADVISED YOU THAT IN ACCORDANCE WITH THE APPLICABLE AGENCY REGULATIONS, YOU HAVE BEEN GRANTED AN EXTENSION OF ENTITLEMENT TO SUCH TRAVEL AND TRANSPORTATION BENEFITS TO JANUARY 31, 1980, THE MAXIMUM PERIOD AUTHORIZED, ON THE BASIS OF YOUR PHYSICAL CONDITION. ALTHOUGH AN OFFICIAL DECISION IS NOT BEING RENDERED, WE ARE PROVIDING THE FOLLOWING INFORMATION.

GOVERNMENT EMPLOYEES SEPARATED FROM SERVICE OUTSIDE THE CONTINENTAL UNITED STATES ARE ENTITLED TO RETURN TRAVEL AND TRANSPORTATION EXPENSES UNDER 5 U.S.C. 5722 (1976).

THE IMPLEMENTING REGULATION SET FORTH AT PARA. 2-1.5A(2) OF THE FEDERAL TRAVEL REGULATIONS (FTR) (FPMR 101-7)(MAY 1973) PROVIDES AS FOLLOWS:

"TIME LIMITS FOR BEGINNING TRAVEL AND TRANSPORTATION. ALL TRAVEL, INCLUDING THAT FOR THE IMMEDIATE FAMILY, AND TRANSPORTATION, INCLUDING THAT FOR HOUSEHOLD GOODS ALLOWED UNDER THESE REGULATIONS, SHALL BE ACCOMPLISHED AS SOON AS POSSIBLE. THE MAXIMUM TIME FOR BEGINNING ALLOWABLE TRAVEL AND TRANSPORTATION SHALL NOT EXCEED 2 YEARS FROM THE EFFECTIVE DATE OF THE EMPLOYEE'S TRANSFER OR APPOINTMENT, EXCEPT THAT:

"(A) THE 2-YEAR PERIOD IS EXCLUSIVE OF THE TIME SPENT ON FURLOUGH FOR AN EMPLOYEE WHO BEGINS ACTIVE MILITARY SERVICE BEFORE THE EXPIRATION OF SUCH PERIOD AND WHO IS FURLOUGHED FOR THE DURATION OF HIS ASSIGNMENT TO THE POST OF DUTY FOR WHICH TRANSPORTATION AND TRAVEL EXPENSES ARE ALLOWED, AND

"(B) THE 2-YEAR PERIOD DOES NOT INCLUDE ANY TIME DURING WHICH TRAVEL AND TRANSPORTATION IS NOT FEASIBLE DUE TO SHIPPING RESTRICTIONS FOR AN EMPLOYEE WHO IS TRANSFERRED OR APPOINTED TO OR FROM A POST OF DUTY OUTSIDE THE CONTERMINOUS UNITED STATES."

AS THE ABOVE REGULATION IS ISSUED PURSUANT TO STATUTE, IT HAS THE FORCE AND EFFECT OF LAW AND OUR OFFICE IS WITHOUT AUTHORITY TO MAKE AN EXCEPTION TO ITS PROVISIONS REGARDLESS OF EXTENUATING CIRCUMSTANCES. SEE: JAMES P. O'NEIL, B-182993, AUGUST 13, 1975, COPY ENCLOSED. COMPARE 52 COMP.GEN. 407 (1973), COPY ENCLOSED.

WE TRUST THAT THE ABOVE INFORMATION WILL SERVE THE PURPOSE OF YOUR INQUIRY.