B-176809, OCT 5, 1972

B-176809, OCT 5, 1972

CIVILIAN PERSONNEL - CHANGE OF STATION - WEIGHT ALLOWANCE - "IMMEDIATE FAMILY" DECISION DENYING THE CLAIM OF CAROLYN K. BUTTOLPH, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, FOR THE MOVEMENT OF 11,000 POUNDS OF HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF OFFICIAL STATION FROM WASHINGTON, D.C., TO ALBANY, N.Y. SINCE THE RECORD INDICATES THAT MISS BUTTOLPH'S MOTHER WAS NOT DEPENDENT ON HER FOR FINANCIAL SUPPORT, CLAIMANT CLEARLY CANNOT QUALIFY FOR THE HIGHER WEIGHT ALLOWANCE UNDER SECTION 6.2A OF OMB CIRCULAR NO. A-56 BECAUSE OF THE DEFINITION OF "IMMEDIATE FAMILY" IN SECTION 1.2D.

TO MISS ESTHER SACKIN:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 15, 1972, ENCLOSING CERTAIN PAPERS CONCERNING THE CLAIM OF CAROLYN K. BUTTOLPH FOR THE MOVEMENT OF 11,000 POUNDS OF HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF OFFICIAL STATION FROM WASHINGTON, D.C., TO ALBANY, NEW YORK, AND REQUESTING AN ADVANCE DECISION ON THE MATTER.

MISS BUTTOLPH BELIEVES SHE IS ENTITLED TO THE EXCEPTION TO THE 5,000 POUND LIMIT ON HOUSEHOLD EFFECTS IMPOSED ON EMPLOYEES WITHOUT AN IMMEDIATE FAMILY IN SECTION 6.2A OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A- 56 WHICH READS AS FOLLOWS:

"6.2A. MAXIMUM WEIGHT ALLOWANCE. THE MAXIMUM WEIGHT OF HOUSEHOLD GOODS WHICH MAY BE TRANSPORTED OR STORED IN CONNECTION THEREWITH IS LIMITED TO 11,000 POUNDS NET WEIGHT FOR EMPLOYEES WITH IMMEDIATE FAMILIES AND 5,000 POUNDS NET WEIGHT FOR EMPLOYEES WITHOUT IMMEDIATE FAMILIES. HOWEVER, IF IN AN INDIVIDUAL CASE AN EMPLOYEE WITHOUT IMMEDIATE FAMILY POSSESSES HOUSEHOLD GOODS EXCEEDING THE 5,000-POUND LIMIT, THE LIMIT MAY BE EXTENDED UP TO 11,000 POUNDS NET WEIGHT; PROVIDED THAT (1) THE EMPLOYEE ACQUIRED ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY BECAUSE HE HAD BEEN THE HEAD OF OR A MEMBER OF A LARGER HOUSEHOLD (AS WHEN THE EMPLOYEE'S SPOUSE HAS DIED), AND (2) IT IS DETERMINED UNDER REGULATIONS PRESCRIBED BY THE DEPARTMENT HEAD THAT HARDSHIP WOULD RESULT FROM APPLICATION OF THE 5,000- POUND LIMIT. ***"

THE RECORD SHOWS THAT MISS BUTTOLPH RESIDED WITH HER MOTHER PRIOR TO 1965. AT THAT TIME THE EMPLOYEE PURCHASED A HOME, THE MOTHER'S HOME WAS SOLD, AND THE MOTHER THEREAFTER RESIDED WITH THE EMPLOYEE. VARIOUS ITEMS OF FURNITURE HAVE BEEN GIVEN BY THE MOTHER TO THE EMPLOYEE AS GIFTS AND THE EMPLOYEE HAS PURCHASED OTHER ITEMS TO FURNISH THE HOME. THE EMPLOYEE ALSO STATES THAT HER MOTHER IS NOT DEPENDENT ON HER FOR FINANCIAL SUPPORT.

IT IS MISS BUTTOLPH'S CONTENTION THAT SHE IS WITHIN SECTION 6.2A(1) AS AN EMPLOYEE WHO ACQUIRED ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY BECAUSE SHE HAD BEEN THE HEAD OF OR A MEMBER OF A LARGER HOUSEHOLD AND IS THEREBY ENTITLED TO TRANSPORT 11,000 POUNDS OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE.

YOUR ATTENTION IS DIRECTED TO SECTION 1.2D OF CIRCULAR NO. A-56 WHICH DEFINES "IMMEDIATE FAMILY" AS FOLLOWS:

"D. 'IMMEDIATE FAMILY' MEANS ANY OF THE FOLLOWING NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD AT THE TIME HE REPORTS FOR DUTY AT HIS NEW PERMANENT DUTY STATION OR PERFORMS AUTHORIZED OR APPROVED OVERSEAS TRAVEL: SPOUSE, CHILDREN (INCLUDING STEP-CHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER TWENTY-ONE YEARS OF AGE OR PHYSICALLY OR MENTALLY INCAPABLE OF SUPPORTING THEMSELVES REGARDLESS OF AGE, OR DEPENDENT PARENTS OF THE EMPLOYEE AND OF THE EMPLOYEE'S SPOUSE."

IT IS APPARENT THAT UNDER THIS DEFINITION MISS BUTTOLPH'S MOTHER WOULD NOT BE CONSIDERED A MEMBER OF THE IMMEDIATE FAMILY AND UNDER THE REGULATIONS WOULD NOT BE ENTITLED TO TRAVEL AT GOVERNMENT EXPENSE ON THE CHANGE OF STATION BECAUSE OF NOT BEING A DEPENDENT PARENT. 49 COMP. GEN. 544 (1970). MOREOVER, WE SEE NO BASIS WHEREBY THE EMPLOYEE COULD QUALIFY FOR THE HIGHER WEIGHT ALLOWANCE UNDER SECTION 6.2A(1). THE PRIMARY PURPOSE OF THAT REGULATION WAS TO PRESERVE THE HIGHER WEIGHT ALLOWANCE WHEN A LARGER HOUSEHOLD TO WHICH THE HIGHER WEIGHT LIMITATION APPLIED WOULD GROW SMALLER THROUGH INTERVENING CIRCUMSTANCES (I.E., DEATH OR DIVORCE OF A SPOUSE OR CHILDREN LEAVING HOME). WE POINT OUT THAT MISS BUTTOLPH WHEN SHE LIVED IN HER MOTHER'S HOME WOULD NOT HAVE BEEN ENTITLED TO THE 11,000-POUND WEIGHT ALLOWANCE. WE DO NOT BELIEVE THE REGULATION INTENDS THAT SHE ACQUIRE A GREATER RIGHT JUST BECAUSE SHE ESTABLISHED A HOUSEHOLD OF HER OWN WITHOUT DEPENDENTS REGARDLESS OF THE FACT THAT CERTAIN OF THE HOUSEHOLD EFFECTS CONTAINED IN THE NEW HOUSEHOLD WERE ACQUIRED FROM A MEMBER OF HER FAMILY.

THEREFORE, THE EMPLOYEE SHOULD BE LIMITED TO 5,000 POUNDS OF HOUSEHOLD EFFECTS TO BE SHIPPED AT GOVERNMENT EXPENSE.