B-99326, NOVEMBER 30, 1950, 30 COMP. GEN. 215

B-99326: Nov 30, 1950

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TERRITORIAL COST-OF-LIVING ALLOWANCE - ENTITLEMENT OF EMPLOYEE PRIOR TO REPORTING TO HIS PERMANENT STATION THE TERRITORIAL COST-OF-LIVING ALLOWANCE PROVIDED BY SECTION 208 OF EXECUTIVE ORDER NO. 10000 FOR INCREASED LIVING COSTS IN THE TERRITORIES IS NOT PAYABLE FOR ANY PERIOD PRIOR TO AN EMPLOYEE'S FIRST REPORTING TO THE PERMANENT POST TO WHICH HE IS ASSIGNED. 1950: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7. WHEREIN ADVICE IS REQUESTED AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. WHILE YOUR LETTER STATES THAT TWO VOUCHERS WERE BEING FORWARDED THEREWITH. ONLY ONE WAS RECEIVED. DILLINGHAM WAS TRANSFERRED FROM THE FOURTH REGION AT FORT WORTH.

B-99326, NOVEMBER 30, 1950, 30 COMP. GEN. 215

TERRITORIAL COST-OF-LIVING ALLOWANCE - ENTITLEMENT OF EMPLOYEE PRIOR TO REPORTING TO HIS PERMANENT STATION THE TERRITORIAL COST-OF-LIVING ALLOWANCE PROVIDED BY SECTION 208 OF EXECUTIVE ORDER NO. 10000 FOR INCREASED LIVING COSTS IN THE TERRITORIES IS NOT PAYABLE FOR ANY PERIOD PRIOR TO AN EMPLOYEE'S FIRST REPORTING TO THE PERMANENT POST TO WHICH HE IS ASSIGNED, SO THAT AN EMPLOYEE WHO ATTENDED A TRAINING COURSE IN A TERRITORIAL SCHOOL IN ALASKA PRIOR TO REPORTING TO HIS NEW PERMANENT STATION IN THAT TERRITORY MAY NOT RECEIVE THE TERRITORIAL COST-OF-LIVING ALLOWANCE FOR THE PERIOD OF ATTENDANCE AT THE SCHOOL.

COMPTROLLER GENERAL WARREN TO W. K. CHAMBARD, DEPARTMENT OF COMMERCE, NOVEMBER 30, 1950:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7, 1950, TRANSMITTED HERE BY LETTER OF NOVEMBER 6, 1950, FROM THE ACCOUNTING DIVISION, CIVIL AERONAUTICS ADMINISTRATION, WHEREIN ADVICE IS REQUESTED AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. CHARLES R. DILLINGHAM FOR AN AMOUNT REPRESENTING TERRITORIAL COST-OF-LIVING ALLOWANCE FOR THE PERIOD MAY 28, 1950, TO JUNE 10, 1950, INCLUSIVE, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH. WHILE YOUR LETTER STATES THAT TWO VOUCHERS WERE BEING FORWARDED THEREWITH, ONLY ONE WAS RECEIVED--- THE ONE ABOVE DESCRIBED.

IT APPEARS FROM THE INFORMATION CONTAINED IN YOUR LETTER THAT MR. DILLINGHAM WAS TRANSFERRED FROM THE FOURTH REGION AT FORT WORTH, TEXAS, TO SISTERS ISLAND, ALASKA, AND THAT IT HAD BEEN PLANNED TO HAVE HIM ATTEND THE VHF TRAINING SCHOOL AT ANCHORAGE, ALASKA, AS SOON AS POSSIBLE AFTER HIS TRANSFER TO THE ALASKA REGION. YOUR LETTER STATES THAT IT WAS DETERMINED LATER THAT IT WOULD BE MORE ECONOMICAL TO THE GOVERNMENT THROUGH SAVINGS IN TRAVEL EXPENSES TO HAVE MR. DILLINGHAM PROCEED DIRECTLY TO ANCHORAGE, ALASKA, TO COMPLETE THE FOUR WEEKS' TRAINING COURSE AT THE VHF SCHOOL PRIOR TO HIS REPORTING TO HIS NEW PERMANENT STATION AT SISTERS ISLAND.

THE QUESTION AS TO WHETHER MR. DILLINGHAM IS ENTITLED TO THE TERRITORIAL COST-OF-LIVING ALLOWANCE CLAIMED IS DEPENDENT UPON WHETHER UNDER PART II OF EXECUTIVE ORDER NO. 10000, SEPTEMBER 16, 1948, SUCH ALLOWANCE IS PAYABLE PRIOR TO THE DATE OF HIS ARRIVAL AT HIS PERMANENT DUTY POST AT SISTERS ISLAND, ALASKA.

SECTION 208 OF EXECUTIVE ORDER NO. 10000 IS, IN PART, AS FOLLOWS:

PAYMENT OF TERRITORIAL POST DIFFERENTIALS AND COST-OF-LIVING ALLOWANCES. (A) THE FOLLOWING SHALL GOVERN THE PAYMENT OF TERRITORIAL POST DIFFERENTIALS AND TERRITORIAL COST-OF-LIVING ALLOWANCES UNDER THIS PART:

(1) PAYMENTS SHALL BEGIN AS OF THE DATE OF ARRIVAL AT THE POST ON ASSIGNMENT, TRANSFER, OR DETAIL AND SHALL STOP AS OF DEPARTURE FROM THE POST FOR SEPARATION, TRANSFER, OR DETAIL, EXCEPT THAT IN THE CASE OF LOCAL RECRUITMENT SUCH PAYMENTS SHALL BEGIN AND STOP AS OF THE BEGINNING AND END OF EMPLOYMENT.

THE TERRITORIAL COST-OF-LIVING ALLOWANCE IS ADDITIONAL COMPENSATION PAYABLE TO CERTAIN EMPLOYEES ON ACCOUNT OF THEIR ASSIGNMENT TO SPECIFIED TERRITORIAL POSTS WHERE LIVING COSTS HAVE BEEN DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE SUBSTANTIALLY HIGHER THAN IN THE DISTRICT OF COLUMBIA. THE SAID EXECUTIVE ORDER CONTEMPLATES THAT THE COST-OF-LIVING ALLOWANCE IS TO TO BE PAID TO ASSIST THE EMPLOYEE TO DEFRAY LIVING EXPENSES NORMALLY INCIDENT TO HIS RESIDENCE AT A PERMANENT TERRITORIAL POST. I FIND NOTHING IN THE SAID ORDER WHICH INDICATES THAT THE TERRITORIAL COST-OF-LIVING ALLOWANCE WOULD BE PAYABLE PRIOR TO THE TIME AN EMPLOYEE REPORTS TO THE PERMANENT POST TO WHICH HE WAS ASSIGNED. IN FACT, THE VERY WORDING--- " PAYMENTS SHALL BEGIN AS OF THE DATE OF ARRIVAL AT THE POST"--- OF THE ORDER WOULD SEEM TO PRECLUDE A CONCLUSION THAT THE ALLOWANCE IS PAYABLE FOR A PERIOD PRIOR TO AN EMPLOYEE'S FIRST REPORTING TO HIS ASSIGNED POST. ACCORDINGLY, NO BASIS IS PERCEIVED UPON WHICH THIS OFFICE PROPERLY MAY APPROVE PAYMENT OF THE TERRITORIAL COST-OF-LIVING ALLOWANCE TO MR. DILLINGHAM FOR THE PERIOD CLAIMED.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.