B-193456, DECEMBER 28, 1978
Highlights
DIGEST: AIR FORCE EMPLOYEE WAS REQUIRED TO REFUND RELOCATION EXPENSES PAID BY THE GOVERNMENT INCIDENT TO HIS PERMANENT CHANGE OF DUTY STATION SINCE HE RETIRED 5 MONTHS AFTER HIS TRANSFER AND HE DID NOT PROVIDE HIS EMPLOYING AGENCY WITH ANY ACCEPTABLE REASON FOR NOT FULFILLING HIS AGREEMENT TO SERVE 1 YEAR AFTER HIS TRANSFER WITHIN THE CONTINENTAL UNITED STATES. EMPLOYEE'S RECLAIM OF THE AMOUNT COLLECTED IS DISALLOWED SINCE AIR FORCE'S DETERMINATION THAT EMPLOYEE WAS INDEBTED FOR RELOCATION EXPENSES PREVIOUSLY PAID WAS NOT UNREASONABLE. THE ISSUE IS WHETHER MR. JESKA WAS REQUIRED TO REFUND RELOCATION EXPENSES WHICH HE RECEIVED BECAUSE HE VOLUNTARILY RETIRED BEFORE COMPLETING 1 YEAR OF SERVICE REQUIRED AFTER THE TRANSFER OF HIS PERMANENT DUTY STATION.
B-193456, DECEMBER 28, 1978
DIGEST: AIR FORCE EMPLOYEE WAS REQUIRED TO REFUND RELOCATION EXPENSES PAID BY THE GOVERNMENT INCIDENT TO HIS PERMANENT CHANGE OF DUTY STATION SINCE HE RETIRED 5 MONTHS AFTER HIS TRANSFER AND HE DID NOT PROVIDE HIS EMPLOYING AGENCY WITH ANY ACCEPTABLE REASON FOR NOT FULFILLING HIS AGREEMENT TO SERVE 1 YEAR AFTER HIS TRANSFER WITHIN THE CONTINENTAL UNITED STATES. EMPLOYEE'S RECLAIM OF THE AMOUNT COLLECTED IS DISALLOWED SINCE AIR FORCE'S DETERMINATION THAT EMPLOYEE WAS INDEBTED FOR RELOCATION EXPENSES PREVIOUSLY PAID WAS NOT UNREASONABLE.
RALPH W. JESKA - RELOCATION EXPENSES - VIOLATION OF 1-YEAR SERVICE AGREEMENT:
THIS DECISION RESPONDS TO THE REQUEST OF MR. RALPH W. JESKA FOR RECONSIDERATION OF THE DENIAL OF HIS CLAIM FOR RELOCATION EXPENSES DISALLOWED BY OUR CLAIMS DIVISION IN SETTLEMENT CERTIFICATE NO. Z 2707106, OCTOBER 12, 1978.
THE ISSUE IS WHETHER MR. JESKA WAS REQUIRED TO REFUND RELOCATION EXPENSES WHICH HE RECEIVED BECAUSE HE VOLUNTARILY RETIRED BEFORE COMPLETING 1 YEAR OF SERVICE REQUIRED AFTER THE TRANSFER OF HIS PERMANENT DUTY STATION.
MR. JESKA, A FORMER EMPLOYEE OF THE U.S. AIR FORCE, TRANSFERRED FROM F. E. WARREN AIR FORCE BASE, WYOMING, TO MINOT AIR FORCE BASE, SOUTH DAKOTA, IN JULY 1974. HE SIGNED A TRANSPORTATION AGREEMENT COMMITTING HIMSELF TO REMAIN IN THE GOVERNMENT SERVICE 1 YEAR AFTER THE TRANSFER IN CONSIDERATION FOR RELOCATION EXPENSES PAID BY THE AIR FORCE. HOWEVER, AFTER SERVING ABOUT 5 MONTHS AT THE NEW DUTY STATION HE VOLUNTARILY RETIRED FROM THE SERVICE ON DECEMBER 31, 1974. THE AIR FORCE HELD THAT MR. JESKA WAS INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $1,977.26, WHICH REPRESENTED RELOCATION EXPENSES PAID TO HIM, SINCE HIS RETIREMENT WAS VOLUNTARY AND THERE WAS A CONTINUING NEED FOR HIS SERVICES. LATER THE CIVIL SERVICE COMMISSION DEDUCTED $1,977.26 FROM HIS ANNUITY PAYMENTS.
BY STATUTE, 5 U.S.C. 5724(I), AN EMPLOYEE WHO DOES NOT FULFILL THE 1 YEAR SERVICE REQUIREMENT AFTER A PERMANENT CHANGE OF STATION WITHIN THE CONTINENTAL UNITED STATES IS INDEBTED TO THE UNITED STATES FOR RELOCATION EXPENSES PAID BY THE GOVERNMENT UNLESS THE EMPLOYEE IS SEPARATED FROM EMPLOYMENT "FOR REASONS BEYOND HIS CONTROL THAT ARE ACCEPTABLE TO THE AGENCY CONCERNED." IN THIS CONNECTION WE HAVE HELD THAT THE MATTER OF WHETHER AN EMPLOYEE IS SEPARATED FOR REASONS BEYOND HIS CONTROL IS ONE PRIMARILY FOR DETERMINATION BY THE ADMINISTRATIVE AGENCY CONCERNED AND WE WOULD QUESTION AN AGENCY'S DETERMINATION IN THAT REGARD ONLY IF THE AGENCY HAD NO REASONABLE BASIS THEREFORE. SEE B-165910, FEBRUARY 10, 1969.
MR. JESKA HAS NOT OFFERED ANY ACCEPTABLE PROOF OF REASONS BEYOND HIS CONTROL REQUIRING HIS RETIREMENT. ALSO, HE HAS NOT PROVIDED ANY EVIDENCE THAT THE AIR FORCE DID NOT HAVE A CONTINUING NEED FOR HIS SERVICES. THEREFORE WE HAVE NO BASIS TO FIND THAT THE AIR FORCE'S DETERMINATION TO HOLD MR. JESKA INDEBTED FOR THE RELOCATION PAYMENTS MADE TO HIM WAS UNREASONABLE.
ACCORDINGLY, THE DISALLOWANCE OF MR. JESKA'S CLAIM BY OUR CLAIMS DIVISION IS SUSTAINED.