B-164948, OCT. 5, 1970
Highlights
TEMPORARY QUARTERS - SUBSISTENCE ALLOWANCE AND TERRITORIAL COST-OF LIVING ALLOWANCE AUTHORIZING PAYMENT OF A 25% TERRITORIAL COST-OF-LIVING ALLOWANCE WHICH WAS DEDUCTED FROM AMOUNTS DUE ON OVERSEAS EMPLOYEE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES. SUBSISTENCE ALLOWANCE WHILE OCCUPYING TEMPORARY QUARTERS ARE NOT TO BE CONSIDERED DUPLICATIVE OF THE TERRITORIAL COST-OF-LIVING ALLOWANCES AND THEREFORE WITHHELD AMOUNTS MAY BE REFUNDED. DAHLBERG: THIS IS IN REGARD TO YOUR REQUEST OF FEBRUARY 5. STARZER'S CLAIM REPRESENTS A 25 PERCENT TERRITORIAL COST-OF LIVING ALLOWANCE AUTHORIZED UNDER 5 U.S.C. 5941 WHICH WAS DEDUCTED FROM AMOUNTS TO WHICH HE WAS OTHERWISE ENTITLED FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES UNDER THE PROVISIONS OF JOINT TRAVEL REGULATIONS.
B-164948, OCT. 5, 1970
TEMPORARY QUARTERS - SUBSISTENCE ALLOWANCE AND TERRITORIAL COST-OF LIVING ALLOWANCE AUTHORIZING PAYMENT OF A 25% TERRITORIAL COST-OF-LIVING ALLOWANCE WHICH WAS DEDUCTED FROM AMOUNTS DUE ON OVERSEAS EMPLOYEE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES. IN VIEW OF B-168411, JULY 9, 1970, SUBSISTENCE ALLOWANCE WHILE OCCUPYING TEMPORARY QUARTERS ARE NOT TO BE CONSIDERED DUPLICATIVE OF THE TERRITORIAL COST-OF-LIVING ALLOWANCES AND THEREFORE WITHHELD AMOUNTS MAY BE REFUNDED.
TO MRS. LINDA J. DAHLBERG:
THIS IS IN REGARD TO YOUR REQUEST OF FEBRUARY 5, 1970, AND ENCLOSURES, REFERENCE NPADC-F, FORWARDED HERE AUGUST 11, 1970, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE UNDER PDTATAC CONTROL NO. 70-42, FOR OUR DECISION ON THE PROPRIETY OF PAYMENT OF A RECLAIM VOUCHER SUBMITTED BY RICHARD R. STARZER.
MR. STARZER'S CLAIM REPRESENTS A 25 PERCENT TERRITORIAL COST-OF LIVING ALLOWANCE AUTHORIZED UNDER 5 U.S.C. 5941 WHICH WAS DEDUCTED FROM AMOUNTS TO WHICH HE WAS OTHERWISE ENTITLED FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES UNDER THE PROVISIONS OF JOINT TRAVEL REGULATIONS, VOLUME 2, CHAPTER 8, PART F, IMPLEMENTING BUREAU OF THE BUDGET CIRCULAR NO. A-56. AS POINTED OUT IN YOUR LETTER THE DEDUCTIONS FROM THE ORIGINAL VOUCHER SUBMITTED BY MR. STARZER WERE MADE IN ACCORDANCE WITH PROCEDURES ADOPTED AS REQUIRED BY DECISION OF THIS OFFICE, B-162977, DECEMBER 26, 1967.
SUBSEQUENT TO THE DATE OF YOUR REQUEST FOR AN ADVANCE DECISION, WE ADVISED THE SECRETARY OF DEFENSE, IN EFFECT, IN DECISION B-168411, JULY 9, 1970, COPY ENCLOSED, THAT OUR DECISION TO WHICH YOU REFER AND AND OTHERS TO SIMILAR EFFECT WOULD NO LONGER BE FOR APPLICATION. UPON REVIEW OF THE QUESTION AS TO WHETHER TERRITORIAL COST-OF-LIVING ALLOWANCES AND ALLOWANCES FOR SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS DUPLICATED EACH OTHER IN CONTRAVENTION OF SECTION 2.5B(8) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WE CONCLUDED THAT OUR PRIOR HOLDINGS WERE MORE RESTRICTIVE THAN CONTEMPLATED BY THE STATUTORY REGULATION THEN IN EFFECT, AND THAT ACCORDINGLY PAYMENTS FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS WHICH HAD BEEN WITHHELD BECAUSE THEY WERE CONSIDERED TO DUPLICATE, IN WHOLE OR IN PART, AMOUNTS CONCURRENTLY PAID AS TERRITORIAL COST-OF LIVING ALLOWANCES SHOULD NOW BE ALLOWED.
PURSUANT TO THE FOREGOING, THE RECLAIM VOUCHER, WITH ATTACHMENTS, IS RETURNED HEREWITH FOR PAYMENT IF OTHERWISE CORRECT.