B-176705, OCT 25, 1972

B-176705, OCT 25, 1972

CIVILIAN PERSONNEL - REAL ESTATE EXPENSES - TEMPORARY QUARTERS ALLOWANCE DECISION CONCERNING THE CLAIM OF MAYNARD E. MCGREER, AN EMPLOYEE OF OEO, FOR TEMPORARY QUARTERS ALLOWANCE FOR 30 DAYS AND FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO THE PURCHASE OF A RESIDENCE AT HIS NEW DUTY STATION. PROPERTY APPRAISAL AND CREDIT REPORT FEES ARE REIMBURSABLE EXPENSES ONLY IF A PROPER STATEMENT BY THE RECIPIENT OF SUCH FEES VERIFIES THEM. HOWEVER, A CHARGE FOR PROCESSING A LOAN IS NOT REIMBURSABLE BECAUSE IT IS A FINANCE CHARGE. OMB CIRCULAR NO. A-56, SECTION 2.5B(6) PROVIDES THAT, FOR REIMBURSEMENT PURPOSES, WHEN OCCUPANCY OF TEMPORARY QUARTERS OCCURS IN THE SAME DAY THAT EN ROUTE TRAVEL PER DIEM TERMINATES, THE PERIOD WILL BE COMPUTED WITH THE CALENDAR DAY QUARTERS AFTER THE LAST CALENDAR DAY QUARTER DURING WHICH TRAVEL PER DIEM TERMINATES. WHERE THE CIRCUMSTANCES INDICATE THAT THE FAMILY MOVED INTO THEIR PERMANENT QUARTERS PRIOR TO SETTLEMENT DATE, NO TEMPORARY QUARTERS ALLOWANCE FOR THAT PERIOD CAN BE CONSIDERED UNLESS A RECEIPT FOR LODGING IS FURNISHED. AN EMPLOYEE'S PERIOD OF ELIGIBILITY FOR TEMPORARY QUARTERS ALLOWANCE TERMINATES WHEN ANY MEMBER OF HIS IMMEDIATE FAMILY OCCUPIES PERMANENT TYPE RESIDENCE QUARTERS, OMB CIRCULAR NO. A-56, SECTION 2.5B(6).

TO MISS ANNORA F. FRAASA:

THIS REFERS TO YOUR LETTER OF AUGUST 2, 1972, WITH ENCLOSURES, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY THE ENCLOSED VOUCHER IN THE AMOUNT OF $655.89 IN FAVOR OF MR. MAYNARD E. MCGREER WHICH INCLUDES CLAIM FOR TEMPORARY QUARTERS ALLOWANCE FOR 30 DAYS IN THE SUM OF $403.89 AND REIMBURSEMENT OF $252 EXPENSES INCURRED INCIDENT TO THE PURCHASE OF A NEW RESIDENCE AT HIS NEW DUTY STATION.

THE INFORMATION FURNISHED SHOWS THAT BY TRAVEL AUTHORIZATION DATED SEPTEMBER 30, 1970, MR. MCGREER, AN EMPLOYEE OF THE OFFICE OF ECONOMIC OPPORTUNITY (OEO), WAS AUTHORIZED TO TRAVEL FROM AUSTIN, TEXAS, TO DALLAS, TEXAS, INCIDENT TO A TRANSFER OF DUTY STATION EFFECTIVE JANUARY 11, 1971. INCIDENT TO THIS CHANGE OF DUTY STATION, MR. MCGREER PURCHASED A HOME IN ARLINGTON, TEXAS, AND SETTLEMENT WAS MADE OCTOBER 13, 1970. THE PURCHASER'S STATEMENT DATED OCTOBER 9, 1970, FROM THE RATTIKIN TITLE COMPANY SHOWS A PROCESSING FEE OF $252 CHARGED BY DALLAS FEDERAL, THE LOANING INSTITUTION, WHICH WAS DISALLOWED BY YOUR OFFICE IN THE ABSENCE OF AN ITEMIZED STATEMENT AS TO WHAT IT REPRESENTED. MR. MCGREER ON THE VOUCHER NOW PRESENTED SHOWS $192 PROCESSING LOAN, $50 PROPERTY APPRAISAL AND $10 CREDIT REPORT. HOWEVER, ON THE PURCHASER'S STATEMENT THE SPACE FOR THE CREDIT REPORT FEE AND THE APPRAISAL FEE ARE VACANT. IF THE EMPLOYEE WILL OBTAIN A STATEMENT FROM THE DALLAS FEDERAL VERIFYING THAT THE APPRAISAL FEE AND CREDIT REPORT FEE WERE A PART OF THE $252, IT WOULD APPEAR THESE FEES WOULD BE REIMBURSABLE. HOWEVER, ASSUMING THE BALANCE, $192, WAS A CHARGE FOR PROCESSING THE LOAN, THEN REIMBURSEMENT OF THIS AMOUNT SHOULD BE DENIED BECAUSE IT REPRESENTS A FINANCE CHARGE NOT ALLOWABLE UNDER THE APPLICABLE REGULATIONS.

AS TO THE TEMPORARY QUARTERS ALLOWANCE, MR. MCGREER HAS NOW EXPANDED HIS CLAIM TO INCLUDE SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS FOR OCTOBER 9, 1970. (SEE COPY OF LETTER FROM MR. MCGREER, DATED AUGUST 30, 1972.) THE RECORD SHOWS THAT MR. MCGREER AND HIS DEPENDENTS DEPARTED HIS OLD DUTY STATION AT DALLAS BY PRIVATELY OWNED AUTOMOBILE AT 4:15 P.M. OCTOBER 9, 1970, AND WAS REIMBURSED 3/4 DAY PER DIEM IN LIEU OF SUBSISTENCE APPARENTLY ARRIVING IN DALLAS SOMETIME IN THE FIRST QUARTER OF OCTOBER 10, 1970. SECTION 2.5B(6) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDES IN PART THAT WHEN OCCUPANCY OF TEMPORARY QUARTERS FOR REIMBURSEMENT PURPOSES OCCURS IN THE SAME DAY THAT EN ROUTE TRAVEL PER DIEM TERMINATES, THE PERIOD WILL BE COMPUTED WITH THE CALENDAR DAY QUARTERS AFTER THE LAST CALENDAR DAY QUARTER DURING WHICH TRAVEL PER DIEM TERMINATES. THEREFORE, MR. MCGREER WOULD NOT BE ELIGIBLE FOR TEMPORARY QUARTERS ALLOWANCE FOR OCTOBER 9, 1970.

WHILE MR. MCGREER IN HIS LETTER OF AUGUST 30, 1972, INDICATES THAT HE DID NOT CLOSE THE DEAL ON THE PURCHASE OF HIS NEW RESIDENCE IN ARLINGTON, TEXAS, UNTIL OCTOBER 13, 1970, THE PURCHASER'S STATEMENT IS DATED OCTOBER 9, 1970, AND THE TAXES WERE PRORATED FROM OCTOBER 9, 1970. THE BILL OF LADING SHOWS THAT HIS HOUSEHOLD EFFECTS WERE DELIVERED TO MR. MCGREER'S PERMANENT RESIDENCE IN ARLINGTON, TEXAS, ON SATURDAY, OCTOBER 10, 1970, AND NO RECEIPT FOR RENT FROM OCTOBER 10-13, 1970, FOR HIS FAMILY IN DALLAS HAS BEEN FURNISHED. UNDER SUCH CIRCUMSTANCES WE CAN ONLY ASSUME THAT HIS FAMILY MOVED INTO THEIR PERMANENT QUARTERS ON OCTOBER 10, 1970. IF MR. MCGREER CAN FURNISH A RECEIPT FOR LODGING IN DALLAS FOR HIS FAMILY, THAT PART OF HIS CLAIM MAY BE GIVEN FURTHER CONSIDERATION.

AS TO MR. MCGREER'S CLAIM FOR TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF AT AUSTIN WE NOTE THAT SECTION 2.5B(6) OF CIRCULAR NO. A-56, REVISED JUNE 26, 1969, STATES THAT THE PERIOD OF ELIGIBILITY FOR TEMPORARY QUARTERS ALLOWANCE WILL TERMINATE WHEN THE EMPLOYEE OR ANY MEMBER OF HIS IMMEDIATE FAMILY OCCUPIES A PERMANENT TYPE RESIDENCE QUARTERS. UNDER THE ABOVE REGULATION THE EMPLOYEE COULD NOT BE REGARDED AS ENTITLED TO A TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF AFTER HIS IMMEDIATE FAMILY MOVED INTO THEIR PERMANENT RESIDENCE AT THE NEW DUTY STATION REGARDLESS OF THE FACT HE DID NOT REPORT TO HIS NEW DUTY STATION UNTIL SOME TIME LATER.

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