B-187079, OCT. 4, 1977, 57 COMP.GEN. 6

B-187079, OCT. 4, 1977, 57 COMP.GEN. 6

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - TEMPORARY QUARTERS - BEGINNING OF OCCUPANCY - THIRTY DAY PERIOD TRANSFERRED EMPLOYEE BEGINS OCCUPANCY OF TEMPORARY QUARTERS AT 6:45 P.M. AFTER TRAVEL OF LESS THAN 24 HOURS. ALTHOUGH HE OCCUPIES QUARTERS FOR ONLY ONE QUARTER DAY ON FIRST DAY, THAT DAY SHOULD BE COUNTED AS FULL DAY IN COMPUTING TEMPORARY QUARTERS ALLOWANCE. CALENDAR DAY IS USED TO COMPUTE NUMBER OF DAYS FOR WHICH REIMBURSEMENT MAY BE MADE. THEREFORE, MAXIMUM REIMBURSEMENT FOR FIRST 10-DAY PERIOD IS 10 TIMES DAILY RATE (NOT 9 1/4) SINCE THE FEDERAL TRAVEL REGULATIONS, PARA. 2 5.4C PROVIDES FOR DAILY RATE WITHOUT PRORATION. 56 COMP.GEN. 15, AMPLIFIED.

IN THE MATTER OF THE VETERANS ADMINISTRATION - COMPUTATION OF TEMPORARY QUARTERS ALLOWANCE, OCTOBER 4, 1977:

BY A LETTER DATED MARCH 22, 1977, MR. CONRAD R. HOFFMAN, CONTROLLER OF THE VETERANS ADMINISTRATION, HAS REQUESTED CLARIFICATION OF OUR DECISION IN MATTER OF JOSEPH B. STEPAN, 56 COMP.GEN. 15 (1976), WHICH CONCERNED THE PROPER METHOD OF COMPUTING THE MAXIMUM PERIOD FOR WHICH A TRANSFERRED EMPLOYEE MAY BE REIMBURSED SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS.

IN THAT DECISION WE CONSIDERED THE VIEWS OF A CLAIMANT WHO CONTENDED THAT PARA. 2-5.2G OF THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7, MAY 1973) REQUIRED THAT THE CALENDAR DAY QUARTER ON WHICH THE EMPLOYEE FIRST BECOMES ELIGIBLE FOR REIMBURSEMENT OF TEMPORARY QUARTERS EXPENSES BE UTILIZED THROUGHOUT THE PERIOD OF ELIGIBILITY TO ASCERTAIN THE INTERMEDIATE 10-DAY PERIODS AND TO DETERMINE WHEN THE REIMBURSEMENTS SHOULD CEASE. NOTING THAT THE GOVERNING REGULATIONS UTILIZE THE QUARTER DAY CONCEPT TO ASCERTAIN COMMENCEMENT OF ELIGIBILITY ONLY, WE HELD THAT THE DATE OF INITIAL ELIGIBILITY CONSTITUTES 1 CALENDAR DAY, AND THAT THEREAFTER, REIMBURSEMENT MAY BE MADE ONLY IN UNITS OF WHOLE CALENDAR DAYS.

IT IS MR. HOFFMAN'S VIEW THAT STEPAN HOLDS THAT REIMBURSEMENT OF TEMPORARY QUARTERS EXPENSES MAY BE MADE ONLY IN UNITS OF WHOLE CALENDAR DAYS, REGARDLESS OF WHEN THE EMPLOYEE ENTERED TEMPORARY QUARTERS. LIGHT OF THIS VIEW HE SPECIFICALLY ASKS THE FOLLOWING:

FOR EXAMPLE, IF AN EMPLOYEE, IN CONNECTION WITH PERMANENT CHANGE OF STATION IS IN TRAVEL STATUS 24 HOURS OR LESS, ARRIVES AT THE NEW DUTY STATION AT 6:45 P.M. AND GOES INTO TEMPORARY QUARTERS-- IS THE DAY IN WHICH EMPLOYEE ENTERS TEMPORARY QUARTERS CONSIDERED A WHOLE DAY FOR THE PURPOSE OF COMPUTING MAXIMUM ENTITLEMENT FOR THE FIRST 10-DAY PERIOD? OTHER WORDS, IN THE EXAMPLE CITED WOULD THE MAXIMUM ALLOWABLE FOR COMPARISON PURPOSES FOR THE 1ST 10-DAY PERIOD FOR AN EMPLOYEE WITH SPOUSE AND ONE CHILD BE $566.56 (9 1/4 DAYS X $61.25) OR $612.50 (10 DAYS X $61.25)?

IN CONSIDERING THE CLAIMS OF A TRANSFERRED EMPLOYEE FOR TEMPORARY QUARTERS EXPENSES, IT IS NECESSARY TO DISTINGUISH BETWEEN THE TIME TO BEGIN THE ALLOWANCE AND THE COMPUTATION OF THE MAXIMUM ENTITLEMENT. PURSUANT TO FTR PARA. 2-5.2G CALENDAR DAYS ARE USED TO COMPUTE THE NUMBER OF DAYS, UP TO 30, FOR WHICH TEMPORARY QUARTERS EXPENSES MAY BE REIMBURSED. ON THE DAY AN EMPLOYEE PERFORMS EN ROUTE TRAVEL AND ALSO BEGINS OCCUPANCY OF TEMPORARY QUARTERS UNDER THE CONDITIONS IN THE REGULATION, HIS ENTITLEMENT TO THE TEMPORARY QUARTERS ALLOWANCE BEGINS IN THE QUARTER DAY SPECIFIED. ALSO, ALTHOUGH OCCUPANCY OF TEMPORARY QUARTERS IS FOR LESS THAN A FULL DAY FOLLOWING EN ROUTE TRAVEL, SUCH OCCUPANCY CONSTITUTES 1 OF THE 30 DAYS FOR WHICH PAYMENT IS ALLOWABLE. HOWEVER, THE FACT THAT TEMPORARY QUARTERS ARE OCCUPIED FOR LESS THAN AN INITIAL FULL DAY DOES NOT AFFECT THE COMPUTATION OF THE MAXIMUM ALLOWABLE. FTR PARA. 2 -5.4C(1) (MAY 1973) PROVIDES FOR A MAXIMUM REIMBURSEMENT FOR THE FIRST 10 DAYS BASED ON THE DAILY RATE WITHOUT ANY REQUIREMENT FOR PRORATION.

THUS, IN THE EXAMPLE GIVEN IN THE SUBMISSION, THE EMPLOYEE'S ELIGIBILITY FOR THE FIRST 10-DAY PERIOD WOULD BEGIN ON THE LAST QUARTER OF THE FIRST DAY AND WOULD CONTINUE FOR THE FOLLOWING 9 DAYS. HOWEVER, IN ACCORDANCE WITH FTR PARA. 2-5.4C(1) THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES DURING THAT PERIOD LIMITED TO A MAXIMUM OF 10 TIMES THE DAILY RATE OF $61.25, OR $612.50.