B-60479, SEPTEMBER 24, 1946, 26 COMP. GEN. 211

B-60479, SEPTEMBER 24, 1946, 26 COMP. GEN. 211

TRANSPORTATION - DEPENDENTS - TRANSFERRED CIVILIAN EMPLOYEES - MOTHER-IN LAW OR FATHER-IN-LAW THE WORDS "DEPENDENT PARENTS" AS USED IN SECTION 1, PART II, OF EXECUTIVE ORDER NO. 9587, DESIGNATING SUCH PARENTS AS MEMBERS OF THE "IMMEDIATE FAMILY" ON ACCOUNT OF WHOM AN EMPLOYEE IS ENTITLED, UNDER SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1946, TO TRANSPORTATION UPON A PERMANENT CHANGE OF STATION, HAVE REFERENCE ONLY TO THE NATURAL PARENTS OF THE EMPLOYEE HIMSELF, THUS EXCLUDING FOR PURPOSES OF SUCH TRANSPORTATION A MOTHER-IN-LAW OR A FATHER-IN-LAW, EVEN THOUGH ENTIRELY DEPENDENT UPON AND RESIDING WITH THE EMPLOYEE AT THE TIME OF HIS TRANSFER.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, SEPTEMBER 24, 1946:

I HAVE A LETTER OF SEPTEMBER 4, 1946, FROM YOUR ASSISTANT ADMINISTRATOR FOR FINANCE AS FOLLOWS:

REFERENCE IS MADE TO GENERAL REGULATIONS NO. 88--- REVISED SUPPLEMENT NO. 1, DATED MARCH 4, 1946, EXECUTIVE ORDER 9587, DATED JULY 6, 1945 AND DECISION OF THE COMPTROLLER GENERAL B-52368, DATED OCTOBER 4, 1945 (25 COMP. GEN. 325) RELATIVE TO THE PAYMENT OF TRANSPORTATION EXPENSES OF THE "IMMEDIATE FAMILY" OF AN EMPLOYEE IN CONNECTION WITH THE EMPLOYEE'S PERMANENT TRANSFER TO A NEW DUTY STATION.

THE TERM "IMMEDIATE FAMILY" IS DEFINED IN EXECUTIVE ORDER 9587, PART II, SECTION I AS TO INCLUDE "SPOUSE, CHILDREN (INCLUDING STEP CHILDREN) AND ADOPTED CHILDREN UNMARRIED AND UNDER 21 YEARS OF AGE OR PHYSICALLY OR MENTALLY INCAPABLE OF SELF SUPPORT REGARDLESS OF AGE AND DEPENDENT PARENTS" AND IN DECISION OF THE COMPTROLLER GENERAL B-52368, DATED OCTOBER 4, 1945 IT WAS HELD IN CONNECTION WITH THE ABOVE DEFINITION THAT "MEMBERS OF AN EMPLOYEE'S HOUSEHOLD ORDINARILY ARE THOSE DEPENDENT UPON AND RESIDING WITH THE EMPLOYEE.'

THE QUESTION HAS BEEN RAISED AS TO WHETHER A MOTHER-IN-LAW OR A FATHER-IN -LAW, ENTIRELY DEPENDENT UPON AND RESIDING WITH AN EMPLOYEE AT THE TIME OF HIS PERMANENT TRANSFER MAY BE CONSIDERED A MEMBER OF HIS "IMMEDIATE FAMILY" FOR THE PURPOSE OF ALLOWING TRANSPORTATION EXPENSES TO THE NEW DUTY STATION. THE MATTER IS SUBMITTED FOR YOUR CONSIDERATION AND ADVICE AS TO WHETHER EXPENSES SO INCURRED MAY PROPERLY BE CERTIFIED FOR PAYMENT.

SECTION 201 (A) OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR 1946, APPROVED MAY 3, 1945, 59 STAT. 131, PROVIDES:

APPROPRIATIONS FOR THE FISCAL YEAR 1946 AVAILABLE FOR EXPENSES OF TRAVEL OF CIVILIAN OFFICERS AND EMPLOYEES OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS SHALL BE AVAILABLE ALSO FOR EXPENSES OF TRAVEL PERFORMED BY THEM INCLUDING EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, ON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY WHEN AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED IN THE ORDER DIRECTING SUCH TRANSFER: PROVIDED, THAT SUCH EXPENSES SHALL NOT BE ALLOWED FOR ANY TRANSFER EFFECTED FOR THE CONVENIENCE OF ANY OFFICER OR EMPLOYEE.

EXECUTIVE ORDER 9587 PROMULGATING INSTRUCTIONS PURSUANT TO THE FOREGOING STATUTE DEFINES ,IMMEDIATE FAMILY" AS STATED IN YOUR SUBMISSION. IT HAS BEEN HELD CONSISTENTLY BY THE ACCOUNTING OFFICERS THAT THE TERMS "MOTHER," "FATHER," OR "PARENTS," HAVE REFERENCE ONLY TO THE NATURAL PARENTS OF THE PERSON CONCERNED. SEE 22 COMP. GEN. 1139, AND THE CASES THEREIN CITED. THIS ESTABLISHED RULE, COUPLED WITH THE FACT THAT THE STATUTE IN THE PRESENT CASE LIMITS ITS BENEFITS TO THE "IMMEDIATE FAMILY," REQUIRES THE CONCLUSION THAT THE INCLUSION OF DEPENDENT PARENTS WITHIN THE DEFINITION OF THE "IMMEDIATE FAMILY" WAS INTENDED TO REFER ONLY TO THE NATURAL PARENTS OF THE EMPLOYEE HIMSELF, THUS EXCLUDING FROM CONSIDERATION A MOTHER-IN-LAW OR A FATHER-IN-LAW.