B-144116, OCT. 31, 1960

B-144116, OCT. 31, 1960

TO MISS JOYCE TO SYNN, AUTHORIZED CERTIFYING OFFICER, TREASURY DEPARTMENT:

ON SEPTEMBER 28, 1960, THE ADMINISTRATIVE ASSISTANT SECRETARY, TREASURY DEPARTMENT, FORWARDED HERE YOUR LETTER OF SEPTEMBER 15, 1960, WITH ENCLOSURES, WHEREIN YOU REQUEST OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE TRAVEL EXPENSE VOUCHER ATTACHED THERETO IN FAVOR OF RUSSELL K. GRAY (DECEASED), MR. GRAY, PRIOR TO HIS DEATH ON AUGUST 11, 1960, WAS AN EMPLOYEE OF YOUR AGENCY WITH DALLAS, TEXAS, AS HIS PERMANENT DUTY STATION.

THE VOUCHER FOR $283.25, REPRESENTS PER DIEM IN LIEU OF SUBSISTENCE FOR 25 3/4 DAYS INVOLVING THE PERIOD FROM 6:00 A.M., JULY 17, THROUGH AUGUST 11, 1960, WHILE THE FORMER EMPLOYEE WAS ASSIGNED TO OFFICIAL DUTY AWAY FROM HIS PERMANENT STATION AND IN A TEMPORARY DUTY STATUS AT ABERDEEN, MISSISSIPPI. THE FACTS DISCLOSE THAT THE FORMER EMPLOYEE WAS STRICKEN WITH AN ACUTE CORONARY ATTACK ON (SUNDAY) JULY 17, 1960, AND AS A RESULT OF THEREOF, HE WAS CONFINED TO THE ABERDEEN HOSPITAL. ABERDEEN, MISSISSIPPI, DURING ALL OF THE ABOVE-MENTIONED PERIOD.

YOU SAY THAT ALL CLAIM VOUCHERS--- EXCEPT THE VOUCHER FOR PER DIEM- - FILED BY MRS. HILDRED P. GRAY, WIDOW OF THE DECEDENT, HAVE BEEN PLACED IN LINE FOR PAYMENT. WE NOTE, ALSO, THAT PER DIEM AT THE RATE OF $11 PER DAY HAS BEEN ADMINISTRATIVELY APPROVED FOR PAYMENT AS CLAIMED, HOWEVER, YOU ARE IN DOUBT AS TO WHETHER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PERMIT THE ALLOWANCE OF PER DIEM FOR ALL OF THE ABOVE-MENTIONED PERIOD, SINCE THE FORMER EMPLOYEE WAS A PARTICIPANT IN THE FEDERAL EMPLOYEES' HEALTH BENEFITS PROGRAM (CODE 102), AND ENTITLED TO CERTAIN HEALTH BENEFITS AUTHORIZED BY THE FEDERAL EMPLOYEES' TITLED TO CERTAIN HEALTH BENEFITS AUTHORIZED BY THE FEDERAL EMPLOYEES' HEALTH BENEFITS ACT OF 1959, APPROVED SEPTEMBER 28, 1959, 73 STAT. 708.

SECTION 6.5A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, READS, AS FOLLOWS:

"ILLNESS OR INJURY.--- A. WHENEVER A TRAVELER TAKES LEAVE OF ABSENCE OF ANY KIND BECAUSE OF BEING INCAPACITATED DUE TO HIS ILLNESS OR INJURY, NOT DUE TO HIS OWN MISCONDUCT, THE PRESCRIBED PER DIEM IN LIEU OF SUBSISTENCE, IF ANY, SHALL BE CONTINUED FOR PERIODS NOT TO EXCEED 14 CALENDAR DAYS (INCLUDING FRACTIONAL DAYS) IN ANY ONE PERIOD OF ABSENCE UNLESS, UNDER THE CIRCUMSTANCES IN A PARTICULAR CASE, ALONGER PERIOD IS APPROVED. ADDITIONAL EVIDENCE OF THE ILLNESS OR INJURY NEED BE SUBMITTED WITH THE TRAVEL VOUCHER BUT THE TYPE OF LEAVE AND DURATION THEREOF MUST BE SHOWN ON THE VOUCHER. THE EVIDENCE FILED WITH THE AGENCY CONCERNED, AS REQUIRED BY THAT AGENCY UNDER THE ANNUAL AND SICK-LEAVE REGULATIONS OF THE UNITED STATES CIVIL SERVICE COMMISSION WILL SUFFICE. REFUND OF THE PER DIEM ALLOWANCE SHALL BE REQUIRED FROM THE EMPLOYEE IN ANY CASE WHERE HE RECEIVES HOSPITALIZATION UNDER ANY FEDERAL STATUTE OR RECEIVES REIMBURSEMENT UNDER SUCH STATUTE FOR HOSPITAL EXPENSES PAID BY HIM.'

THE QUESTION RAISED BY YOUR SUBMISSION CONCERNING THE APPLICABILITY OF THE LAST SENTENCE OF THE ABOVE QUOTED REGULATION TO EMPLOYEES WHOSE HOSPITALIZATION EXPENSES ARE COVERED BY THE FEDERAL EMPLOYEES' HEALTH BENEFITS ACT WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 14, 1960, B 143846, A COPY OF WHICH IS ENCLOSED.

IN VIEW OF OUR RULING IN THAT CASE AND THE FACT THAT THE ADDITIONAL PER DIEM IS ADMINISTRATIVELY APPROVED, THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND, IF ..END :