B-163955, OCT. 7, 1969
Highlights
PREVIOUSLY DISALLOWED BECAUSE SALE WAS NOT COMPLETED WITHIN 1 YEAR AFTER HE REPORTED AT NEW OFFICIAL STATION AS WAS REQUIRED BY SEC. 4.1D. IS AGAIN DISALLOWED. AS YEAR DURING WHICH EMPLOYEE WAS AUTHORIZED TO SELL RESIDENCE FOR PURPOSES OF QUALIFYING FOR REIMBURSEMENT EXPIRED BEFORE JUNE 26. EMPLOYING AGENCY LACKS AUTHORITY TO CONSIDER CASE FOR EXTENSION BECAUSE AMENDMENT WAS EFFECTIVE ONLY ON OR AFTER JUNE 26. BY WHICH YOU REQUEST OUR FURTHER REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES YOU INCURRED IN THE SALE OF YOUR RESIDENCE AT YOUR OLD OFFICIAL STATION WHICH WAS THE SUBJECT OF OUR DECISIONS OF MAY 20. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES IN QUESTION WAS DISALLOWED BECAUSE SETTLEMENT OF THE SALE OF YOUR RESIDENCE WAS NOT COMPLETED WITHIN ONE YEAR AFTER THE DATE YOU REPORTED FOR DUTY AT YOUR NEW OFFICIAL STATION AS WAS REQUIRED BY SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO.
B-163955, OCT. 7, 1969
OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--"SETTLEMENT DATE" LIMITATION ON PROPERTY TRANSACTIONS EMPLOYEE'S CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN SALE OF RESIDENCE AT OLD OFFICIAL STATION, PREVIOUSLY DISALLOWED BECAUSE SALE WAS NOT COMPLETED WITHIN 1 YEAR AFTER HE REPORTED AT NEW OFFICIAL STATION AS WAS REQUIRED BY SEC. 4.1D, BUREAU OF BUDGET CIRCULAR NO. A 56, REVISED OCT. 12, 1966, IS AGAIN DISALLOWED, AS YEAR DURING WHICH EMPLOYEE WAS AUTHORIZED TO SELL RESIDENCE FOR PURPOSES OF QUALIFYING FOR REIMBURSEMENT EXPIRED BEFORE JUNE 26, 1969, EFFECTIVE DATE OF AMENDMENT CONTAINED IN SEC. 4.1E PERMITTING AGENCY TO EXTEND 1 YEAR ALLOWED FOR SALE AND PURCHASE OF RESIDENCE FOR ADDITIONAL YEAR UNDER CERTAIN CIRCUMSTANCES THUS REGARDLESS OF FACTS INVOLVED, EMPLOYING AGENCY LACKS AUTHORITY TO CONSIDER CASE FOR EXTENSION BECAUSE AMENDMENT WAS EFFECTIVE ONLY ON OR AFTER JUNE 26, 1969.
TO MR. JOHN N. GIPE:
WE REFER TO YOUR LETTER OF SEPTEMBER 12, 1969, BY WHICH YOU REQUEST OUR FURTHER REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES YOU INCURRED IN THE SALE OF YOUR RESIDENCE AT YOUR OLD OFFICIAL STATION WHICH WAS THE SUBJECT OF OUR DECISIONS OF MAY 20, 1968, AND JUNE 18, 1969, B- 163955.
YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES IN QUESTION WAS DISALLOWED BECAUSE SETTLEMENT OF THE SALE OF YOUR RESIDENCE WAS NOT COMPLETED WITHIN ONE YEAR AFTER THE DATE YOU REPORTED FOR DUTY AT YOUR NEW OFFICIAL STATION AS WAS REQUIRED BY SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. YOU REQUEST RECONSIDERATION OF OUR DECISIONS ON THE BASIS OF THE AMENDMENT TO THAT REGULATORY PROVISION CONTAINED IN SECTION 4.1E OF CIRCULAR NO. A-56 AS AMENDED BY TRANSMITTAL MEMORANDUM NO. 5 DATED JUNE 26, 1969. UNDER THE AMENDED PROVISION, AN AGENCY MAY EXTEND THE ONE YEAR ALLOWED FOR SALE AND PURCHASE OF RESIDENCES FOR AN ADDITIONAL YEAR IF A CONTRACT FOR PURCHASE OR SALE WAS ENTERED INTO WITHIN THE ALLOWABLE ONE-YEAR PERIOD AND IF IT IS DETERMINED THAT SETTLEMENT WITHIN THE INITIAL ONE-YEAR PERIOD WAS PRECLUDED BY CIRCUMSTANCES JUSTIFYING AN EXCEPTION TO THAT LIMITATION.
THE YEAR DURING WHICH YOU WERE AUTHORIZED TO SELL YOUR RESIDENCE AT YOUR OLD OFFICIAL STATION FOR PURPOSES OF QUALIFYING FOR REIMBURSEMENT UNDER SECTION 4 OF CIRCULAR NO. A-56 EXPIRED BEFORE JUNE 26, 1969. THUS, REGARDLESS OF THE FACTS INVOLVED IN YOUR CASE, IT DOES NOT APPEAR THAT YOUR EMPLOYING AGENCY HAS AUTHORITY TO CONSIDER YOUR CASE FOR AN EXTENSION OF THE ONE-YEAR LIMITATION AS AUTHORIZED BY THE REVISED SECTION 4.1E BECAUSE THE AMENDMENTS TO CIRCULAR NO. A-56 PROMULGATED JUNE 26, 1969, WERE EFFECTIVE ONLY ON OR AFTER THE DATE THEREOF. SEE PARAGRAPH 6 OF THE COVER LETTER OF JUNE 26, 1969.
ACCORDINGLY, THE DECISIONS OF OUR OFFICE WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM MAY NOT BE RECONSIDERED ON THE BASIS OF THE AMENDMENTS TO CIRCULAR NO. A-56 WHICH WERE PROMULGATED JUNE 26, 1969.