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B-231008, Nov 16, 1988

B-231008 Nov 16, 1988
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An employee is ineligible for reimbursement of his expenses incurred while renting his permanent residence following its sale at his old duty station incident to his transfer to a new duty station. Iverson's claim based on the applicable regulations governing relocation expenses which state that "temporary quarters" refers to lodging obtained from private or commercial sources for the purposes of temporary occupancy after vacating the residence occupied when the transfer was authorized. We have consistently held that under the Federal Travel Regulations. Notwithstanding that the rental agreement may be temporary in nature and may have been entered into in furtherance of their transfer. We have authorized reimbursement of rental charges assessed against employees in such situations when it is shown that they were forced to remain in possession of the premises beyond the intended departure date due to unforeseen circumstances.

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B-231008, Nov 16, 1988

CIVILIAN PERSONNEL - Relocation - Temporary quarters - Determination Criteria DIGEST: Under the applicable relocation regulations, an employee is ineligible for reimbursement of his expenses incurred while renting his permanent residence following its sale at his old duty station incident to his transfer to a new duty station.

D. Neal Iverson - Temporary Quarters - Old Duty Station Residence:

Mr. D. Neal Iverson submitted a claim to the Social Security Administration (SSA) for reimbursement of temporary quarters expenses in the amount of $939.80 incurred incident to his permanent change of station from Baltimore, Maryland, to Glens Falls, New York. The record indicates that Mr. Iverson sold his Maryland residence but continued to live there from July 17 through August 22, 1987, paying rent of $25.40 per day to the new owners. The agency disallowed Mr. Iverson's claim based on the applicable regulations governing relocation expenses which state that "temporary quarters" refers to lodging obtained from private or commercial sources for the purposes of temporary occupancy after vacating the residence occupied when the transfer was authorized. Mr. Iverson requested that his claim be submitted to this Office since he believes he acted in the best interests of the government.

We have consistently held that under the Federal Travel Regulations, para. 2-5.2c (Supp. 10, Mar. 13, 1984), incorp. by ref., 41 C.F.R. Sec. 101-7.003 (1987), employees may not be reimbursed for their expenses incurred while renting their permanent residence following its sale at their old duty station, notwithstanding that the rental agreement may be temporary in nature and may have been entered into in furtherance of their transfer. Captain Terry L. Smart, B-225262, May 4, 1987, and cases cited. As an exception, we have authorized reimbursement of rental charges assessed against employees in such situations when it is shown that they were forced to remain in possession of the premises beyond the intended departure date due to unforeseen circumstances. Patrick T. Schluck, B-202243, Aug. 14, 1981. No such circumstances were indicated in this case.

Accordingly, we deny Mr. Iverson's claim for the temporary quarters expenses.

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