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B-233733, B-233735, Nov 9, 1989

B-233733,B-233735 Nov 09, 1989
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Who are occupying temporary quarters and who must perform temporary duty away from their permanent duty stations. Bennett Hong and Delores Johnson - Temporary Duty While in Temporary Quarters: This decision is in response to a request from Larry Schaat. Concerning two IRS employees who claimed reimbursement for lodging expenses for their temporary quarters for the period during which they were away on temporary duty travel. They were each sent on temporary duty away from their duty stations. Johnson was away on official business for 6 days. Hong was away on official business for 3 days. OPINION The authority to reimburse relocation expenses incurred by an employee is provided by chapter 57 of title 5.

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B-233733, B-233735, Nov 9, 1989

CIVILIAN PERSONNEL - Relocation - Temporary quarters - Interruption - Actual subsistence expenses - Amount determination CIVILIAN PERSONNEL - Relocation - Temporary quarters - Interruption Actual expenses - Temporary duty DIGEST: Employees, who are occupying temporary quarters and who must perform temporary duty away from their permanent duty stations, may be reimbursed for the lodging expenses portion of their temporary quarters subsistence expenses as well as lodging expenses at their temporary duty stations, provided the agency determines the employees acted reasonably in retaining the temporary quarters. Paul G. Thibault, B-232503, dated today.

Bennett Hong and Delores Johnson - Temporary Duty While in Temporary Quarters:

This decision is in response to a request from Larry Schaat, Regional Fiscal Management Officer, Internal Revenue Service (IRS), concerning two IRS employees who claimed reimbursement for lodging expenses for their temporary quarters for the period during which they were away on temporary duty travel. For the reasons stated below, we would not object to reimbursement of the lodging expenses claimed.

BACKGROUND

Mr. Bennett Hong and Ms. Delores Johnson, both employees of the IRS, relocated to San Francisco and Oakland, California, respectively. They each rented temporary quarters on a short-term, monthly basis at their new duty stations. During their first 30 days at the new duty stations, they were each sent on temporary duty away from their duty stations. Ms. Johnson was away on official business for 6 days, and Mr. Hong was away on official business for 3 days. Each employee claimed reimbursement for lodging and subsistence expenses for the official travel, as well as lodging expenses for the temporary quarters during the official travel periods. The agency denied reimbursement for the lodging expenses claimed for the temporary quarters and asserted "no basis for recommending payment" as the reason for its denial.

OPINION

The authority to reimburse relocation expenses incurred by an employee is provided by chapter 57 of title 5, United States Code (1982). Reimbursement of the subsistence expenses of employees while occupying temporary quarters is governed by the provisions of chapter 2, part 5 of the Federal Travel Regulations (FTR), incorp. by ref., 41 C.F.R. Sec. 101 -7.003 (1987).

Paragraph 2-5.2i of the FTR provides:

"i. Duplication of other allowances. In no case shall subsistence expenses under these provisions be allowed which duplicate, in whole or in part, payments received under other laws or regulations covering similar costs. ...."

Our previous decisions have held that where an employee is reimbursed for per diem while on temporary duty away from the official duty station, the employee may not be similarly reimbursed for temporary quarters expenses those same days. 47 Comp.Gen. 84 (1967); B-175499, Apr. 21, 1972; B-172739, June 14, 1971. However, by decision of today, Paul G. Thibault, B-232503, we held that if the agency concludes that the employee acted reasonably in retaining temporary quarters at the permanent duty station, these expenses would be reimbursable as part of temporary quarters subsistence expense.

Accordingly, we have no objection to reimbursement of the lodging expenses claimed so long as the agency determines the employees acted reasonably in retaining temporary quarters at the permanent duty station while away on official business.

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