B-172824, MAY 28, 1971

B-172824, MAY 28, 1971

CIVILIAN EMPLOYEE - CHANGE OF STATION - INCIDENTAL EXPENSES - REEMPLOYMENT AFTER INVOLUNTARY SEPARATION DECISION ALLOWING REIMBURSEMENT OF EXPENSES INCIDENT TO REEMPLOYMENT AND PERMANENT CHANGE OF STATION OF JAMES P. MCKINLEY AFTER AN INVOLUNTARY SEPARATION (RESIGNATION DUE TO A REDUCTION IN FORCE) AND RECEIPT OF SERVERANCE PAY. THE PROVISIONS OF 5 U.S.C. 5724AC) AS IMPLEMENTED BY SECTION 1.3A(7) OF OMB CIRCULAR NO. A-56 SPECIFICALLY PROVIDE THAT A FORMER EMPLOYEE SEPARATED BY REASON OF REDUCTION IN FORCE WHO IS REEMPLOYED (WITHIN ONE YEAR) AT A DIFFERENT PERMANENT DUTY STATION FROM WHERE THE SEPARATION OCCURRED MAY BE ALLOWED MOVING EXPENSES IN THE SAME MANNER AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTEREST OF THE GOVERNMENT.

TO MR. R. J. SCHULLERY:

WE REFER FURTHER TO YOUR LETTER OF APRIL 30, 1971, CONCERNING THE ENTITLEMENT OF MR. JAMES P. MCKINLEY TO CERTAIN EXPENSES INCIDENT TO HIS REEMPLOYMENT AND PERMANENT CHANGE OF STATION AFTER AN INVOLUNTARY SEPARATION AND RECEIPT OF SEVERANCE PAY.

YOU STATE THAT MR. MCKINLEY WAS SEPARATED INVOLUNTARILY - REDUCTION IN FORCE - RESIGNATION - EFFECTIVE SEPTEMBER 6, 1969, FROM THE DEPARTMENT OF THE ARMY BY REASON OF WHICH HE RECEIVED SEVERANCE PAY FOR 16 WEEKS. EFFECTIVE MAY 25, 1970, HE WAS APPOINTED TO A POSITION IN THE FEDERAL AVIATION ADMINISTRATION AT JAMAICA, NEW YORK, AND WAS ISSUED PERMANENT CHANGE OF STATION TRAVEL ORDERS FOR HIMSELF AND DEPENDENTS FROM HOLMES, PENNSYLVANIA, TO AVALON, NEW JERSEY. HE SOLD HIS RESIDENCE IN PENNSYLVANIA AND IS NOW CLAIMING REIMBURSEMENT FOR REAL ESTATE AND OTHER BENEFITS UNDER THE PROVISIONS OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, AND AS AUTHORIZED IN THE TRAVEL ORDERS.

ALTHOUGH A VOUCHER HAS NOT BEEN SUBMITTED, WE ASSUME YOU HAVE OR WILL HAVE ONE BEFORE YOU FOR CERTIFICATION.

YOU ASK IN EFFECT WHETHER MR. MCKINLEY'S RESIGNATION DUE TO A REDUCTION IN FORCE FROM THE DEPARTMENT OF THE ARMY AND HIS RECEIPT OF SEVERANCE PAY NULLIFIES HIS ENTITLEMENT AS A SEPARATED (REDUCTION IN FORCE) EMPLOYEE TO BENEFITS UNDER PUBLIC LAW 89-516.

YOU STATE YOUR AWARENESS OF THE PROVISIONS OF SECTION 1.3A(7) OF CIRCULAR NO. A-56 PERTAINING TO ENTITLEMENT OF BENEFITS AND TO THOSE PROVISIONS OF THE FEDERAL PERSONNEL MANUAL - SUPPLEMENT 990-2, BOOK 550, SUBCHAPTER S7- 4D (CIVIL SERVICE COMMISSION REGULATION 550.706) - TO THE EFFECT THAT AN EMPLOYEE SEPARATED BY RESIGNATION FOLLOWING RECEIPT OF A REDUCTION-IN- FORCE NOTICE IS HELD TO HAVE BEEN INVOLUNTARILY SEPARATED FOR PURPOSE OF ENTITLEMENT TO SEVERANCE PAY. YOU CONCLUDE THAT MR. MCKINLEY APPEARS TO BE ENTITLED TO RELOCATION BENEFITS UNDER CIRCULAR NO. A-56.

5 U.S.C. 5724AC) READS:

"UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, A FORMER EMPLOYEE SEPARATED BY REASON OF REDUCTION IN FORCE OR TRANSFER OF FUNCTION WHO WITHIN 1 YEAR AFTER THE SEPARATION IS REEMPLOYED BY A NONTEMPORARY APPOINTMENT AT A DIFFERENT GEOGRAPHICAL LOCATION FROM THAT WHERE THE SEPARATION OCCURRED MAY BE ALLOWED AND PAID THE EXPENSES AUTHORIZED BY SECTIONS 5724, 5725, 5726(B), AND 5727 OF THIS TITLE, AND MAY RECEIVE THE BENEFITS AUTHORIZED BY SUBSECTIONS (A) AND (B) OF THIS SECTION, IN THE SAME MANNER AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTEREST OF THE GOVERNMENT WITHOUT A BREAK IN SERVICE TO THE LOCATION OF REEMPLOYMENT FROM THE LOCATION WHERE SEPARATED."

SECTION 1.3A(7) OF CIRCULAR NO. A-56 IN IMPLEMENTATION OF 5 U.S.C. 5724AC) READS:

"A FORMER EMPLOYEE SEPARATED BY REASON OF REDUCTION IN FORCE OR TRANSFER OF FUNCTION WHO, WITHIN ONE YEAR OF THE DATE OF SEPARATION, IS REEMPLOYED BY A DEPARTMENT FOR A NONTEMPORARY APPOINTMENT EFFECTIVE ON OR AFTER JULY 21, 1966, AT A DIFFERENT PERMANENT DUTY STATION FROM THAT WHERE THE SEPARATION OCCURRED, MAY BE ALLOWED AND PAID THE EXPENSES AND OTHER ALLOWANCES (EXCLUDING NONTEMPORARY STORAGE WHEN ASSIGNED TO AN ISOLATED PERMANENT DUTY STATION WITHIN THE CONTINENTAL UNITED STATES) IN THE SAME MANNER AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTEREST OF THE GOVERNMENT TO THE PERMANENT DUTY STATION WHERE REEMPLOYED, FROM THE PERMANENT DUTY STATION WHERE SEPARATED, WITHOUT A BREAK IN SERVICE, AND SUBJECT TO THE ELIGIBILITY LIMITATIONS AS PRESCRIBED IN THESE REGULATIONS."

WE ARE UNAWARE OF ANY REASON UNDER THE CIRCUMSTANCES STATED ABOVE THAT WOULD PRECLUDE PAYMENT OF RELOCATION EXPENSES OTHERWISE PROPER INCIDENT TO MR. MCKINLEY'S EMPLOYMENT WITH THE FEDERAL AVIATION ADMINISTRATION.