B-184558, AUG 12, 1976

B-184558, AUG 12, 1976

EMPLOYEE WAS TRANSFERRED FROM DALLAS, TEXAS, EFFECTIVE APRIL 9, 1973. INCIDENT TO THAT TRANSFER EMPLOYEE MOVED HIS FAMILY TO VICINITY OF NEW DUTY STATION ON NOVEMBER 28, 1974. HOWEVER, ON NOVEMBER 30, 1974, EMPLOYEE'S FAMILY RETURNED TO AND REMAINED AT DIFFERENT RESIDENCE AT FORMER DUTY STATION. EMPLOYEE CLAIMS MISCELLANEOUS EXPENSE AT THE "WITH IMMEDIATE FAMILY" RATE. CLAIM MAY BE ALLOWED SINCE DECISIONS OF THIS OFFICE HAVE HELD THAT IN ORDER TO BE ENTITLED TO MISCELLANEOUS EXPENSE AT "WITH IMMEDIATE FAMILY" RATE, EMPLOYEE'S FAMILY MUST DISCONTINUE AND ESTABLISH RESIDENCE INCIDENT TO TRANSFER, AND THERE IS NO REQUIREMENT THAT FAMILY'S NEW RESIDENCE BE SAME AS EMPLOYEE'S OR AT NEW DUTY STATION.

JOE D. BROCKMAN - MISCELLANEOUS EXPENSE AT THE "WITH IMMEDIATE FAMILY" RATE:

THIS ACTION IS IN RESPONSE TO THE LETTER DATED JULY 16, 1975, FROM MS. ORRIS C. HUET, AN AUTHORIZED CERTIFYING OFFICER, UNITED STATES DEPARTMENT OF AGRICULTURE. MS. HUET REQUESTS OUR DECISION AS TO WHETHER SHE MAY CERTIFY FOR PAYMENT THE VOUCHER OF JOE D. BROCKMAN BY WHICH HE CLAIMS ADDITIONAL MISCELLANEOUS EXPENSE UNDER THE CIRCUMSTANCES DESCRIBED BELOW.

MR. BROCKMAN WAS TRANSFERRED FROM DALLAS, TEXAS, TO NEW ORLEANS, LOUISIANA, EFFECTIVE APRIL 9, 1973. ON NOVEMBER 28, 1974, MR. BROCKMAN MOVED HIS FAMILY FROM OIL CITY, LOUISIANA, TO SLIDELL, LOUISIANA, WHICH IS IN THE AREA OF HIS NEW DUTY STATION. HOWEVER, FOR PERSONAL REASONS MR. BROCKMAN'S FAMILY RETURNED TO THEIR PRIOR RESIDENCE AT OIL CITY. MR.BROCKMAN HAS BEEN REIMBURSED MISCELLANEOUS EXPENSE IN THE AMOUNT OF $100 WHICH IS THE RATE FOR AN EMPLOYEE WITHOUT IMMEDIATE FAMILY. HE HAS RECLAIMED FOR THE ADDITIONAL $100 MISCELLANEOUS EXPENSE AS AN EMPLOYEE WITH IMMEDIATE FAMILY. HIS CLAIM WAS ADMINISTRATIVELY DENIED BY THE DEPARTMENT OF AGRICULTURE ON THE BASIS THAT HIS FAMILY RETURNED TO AND REMAINED AT THEIR OLD RESIDENCE.

FEDERAL TRAVEL REGULATIONS (FPMR 101-7) PARAGRAPH 2-3.2A (MAY 1973) ESTABLISHES GUIDELINES FOR ELIGIBILITY TO MISCELLANEOUS EXPENSES. THAT PARAGRAPH PROVIDES, IN PERTINENT PART:

" * * * A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAYABLE TO AN EMPLOYEE FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED AND WHO HAS DISCONTINUED AND ESTABLISHED A RESIDENCE IN CONNECTION WITH SUCH CHANGE REGARDLESS OF WHERE THE OLD OR NEW OFFICIAL STATIONS ARE LOCATED.

THE PURPOSE OF SUCH ALLOWANCE IS TO DEFRAY COSTS ASSOCIATED WITH DISCONTINUING RESIDENCE AT ONE LOCATION AND ESTABLISHING RESIDENCE AT A NEW LOCATION INCIDENT TO A TRANSFER. PARAGRAPH 2-3.3A AUTHORIZES AN ALLOWANCE OF $100 FOR AN EMPLOYEE WITHOUT IMMEDIATE FAMILY AND $200 FOR AN EMPLOYEE WITH IMMEDIATE FAMILY.

DECISIONS OF THIS OFFICE HAVE HELD THAT IN ORDER FOR AN EMPLOYEE TO RECEIVE MISCELLANEOUS EXPENSES AT THE "WITH IMMEDIATE FAMILY" RATE, IT IS NECESSARY THAT THE EMPLOYEE'S IMMEDIATE FAMILY DISCONTINUE THEIR PRIOR RESIDENCE AND ESTABLISH A NEW RESIDENCE IN CONNECTION WITH THE TRANSFER. SEE B-171685, FEBRUARY 22, 1971; B-162821, MAY 1, 1968; AND B-164948, OCTOBER 18, 1968. HOWEVER, WE ARE UNAWARE OF ANY REQUIREMENT THAT THE EMPLOYEE'S IMMEDIATE FAMILY EITHER ESTABLISH A RESIDENCE AT THE NEW DUTY STATION OR OCCUPY THE SAME RESIDENCE AS THE EMPLOYEE IN ORDER TO PERFECT ENTITLEMENT TO MISCELLANEOUS EXPENSES AT THE "WITH IMMEDIATE FAMILY" RATE.

THE RECORD HERE INDICATES THAT MR.BROCKMAN AND HIS FAMILY VACATED THEIR RESIDENCE IN OIL CITY INCIDENT TO MR.BROCKMAN'S TRANSFER; THAT THEIR HOUSEHOLD EFFECTS WERE SHIPPED TO THE NEW PERMANENT DUTY STATION; AND THAT AFTER A FEW DAYS MRS. BROCKMAN RETURNED TO OIL CITY AND ESTABLISHED A NEW RESIDENCE THERE. ACCORDINGLY, IT APPEARS THAT HE HAS SATISFIED THE REGULATORY REQUIREMENTS, AND MAY BE ALLOWED MISCELLANEOUS EXPENSES AT THE "WITH IMMEDIATE FAMILY" RATE.