Relocation Benefits Following Intergovernmental Personnel Act Assignment

An employee appealed the Claims Division denial of his claim for temporary quarters subsistence expenses. The employee accepted an Intergovernmental Personnel Act (IPA) position and, at the completion of the assignment, returned to his official duty station. His family remained at the temporary duty station for 1.5 years. When the family vacated its residence at the temporary duty station, the employee claimed temporary quarters expenses for a period of 30 days. The agency questioned payment of the claim, and the Claims Division denied it on the basis that, under the applicable regulations, the period allowed for temporary quarters shall be reduced or avoided if the employee had adequate opportunity to complete arrangements for permanent quarters at the new duty station. On appeal, the employee argued that he was not able to locate a satisfactory residence before his family moved. It was noted that the agency authorized the employee reimbursement for temporary quarters for a period not to exceed 30 days and that the travel authorization stated that dependents would travel at a later date. GAO believed that the determination to reduce the reimbursement for temporary quarters because the employee was arriving before his family should have been made before the travel authorization was issued. It is well established that travel orders may not be modified retroactively so as to increase or decrease the rights which have become fixed under applicable statutes or regulations unless an error is apparent on the face of the orders or a provision previously determined and intended has been omitted. The agency had the opportunity prior to the authorization of the travel to limit or deny reimbursement for temporary quarters, since it was aware that the employee's family would travel at a later date. GAO found no authority to limit or deny the employee's claim after the fact. Therefore, the Claims Division determination was overturned, and it was held that the employee was entitled to reimbursement for temporary quarters allowance.