Dr. William H. Fuhrman-Relocation Expenses
Case: B-256996
Agency:
Protester: Dr. William H. Fuhrman
Date: 1995-11-20
Denied
B-256996
Nov 20, 1995
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Highlights
An employee was transferred from Mexico to his new permanent duty station in St. The government's obligation to the employee for the shipments is limited to "the cost of transporting the property in one lot . . . to the new official station." 41 C.F.R. When temporary storage is authorized. As it was in this case. The limitation is based on the constructive cost of transporting the household goods in one lot to temporary storage. A claim for temporary quarters subsistence expenses (TQSE) is limited under 5 U.S.C. On the basis that he would have leased the apartment for a year but the agency told him he could be retransferred shortly. An employee's household goods were in nontemporary storage.
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Matter of: Dr. William H. Fuhrman-Relocation Expenses File: B-256996 Date: November 20, 1995
An employee was transferred from Mexico to his new permanent duty station in St. Paul, Minnesota, and had multiple deliveries of his household goods from permanent and temporary storage to his temporary quarters in St. Paul and then to his permanent quarters in Woodbury, Minnesota. Although the Federal Travel Regulation permits an employee's household goods to be moved in separate shipments, and the origins and destinations of the shipments may be at one or more points, the government's obligation to the employee for the shipments is limited to "the cost of transporting the property in one lot . . . to the new official station." 41 C.F.R. Sec. 302-8.2(e) (1991). When temporary storage is authorized, as it was in this case, the limitation is based on the constructive cost of transporting the household goods in one lot to temporary storage, storage costs for not more than 180 days, and then delivery in one lot to the permanent residence. A claim for temporary quarters subsistence expenses (TQSE) is limited under 5 U.S.C. Sec. 5724a(a)(3) to 120 days, so a claim for lodging expenses incurred after the 120 days of eligibility may not be paid. Although the employee limited his claim for the additional period to the difference in monthly rent between a year's lease and a month-to-month lease, on the basis that he would have leased the apartment for a year but the agency told him he could be retransferred shortly, a claim for TQSE in any amount may not be paid for a period beyond the 120-day maximum prescribed by statute. An employee's household goods were in nontemporary storage, and he was entitled to have them moved to his new duty station under a government bill of lading. He chose to move them himself and claimed reimbursement as the amount of the warehouseman's discount for not moving the goods. When an employee is authorized to have his household goods moved by the government bill of lading method, and he moves his household goods himself, he may be reimbursed his actual expenses, such as vehicle rental fees, fuel, toll charges, not to exceed what it would have cost the government to have the goods moved. The employee is not entitled to be reimbursed based on the amount of the carrier's discount for not moving the goods under the bill of lading.
DECISION
This is in response to a request for an advance decision whether Dr. William H. Fuhrman, an employee of the Animal and Plant Health Inspection Service, Department of Agriculture, may be reimbursed certain moving and storage charges and lodging expenses that he incurred during his occupancy of temporary quarters incident to his relocation from Mexico to St. Paul, Minnesota. [1] We conclude that his moving and storage expenses may be reimbursed consistent with this decision but that his claim for additional lodging expenses must be denied.
BACKGROUND
Dr. Fuhrman reported to his new duty station in St. Paul on May 2, 1991. He and his family initially occupied motel rooms, and then beginning in June they rented apartments for the purpose of reducing their lodging costs. He claimed and received reimbursement for his temporary quarters subsistence expenses (TQSE) for the maximum time period of 120 days allowed under the Federal Travel Regulation (FTR) from May 15 to September 15, 1991. He states that he had still not moved into permanent quarters at that time because his agency had told him he would shortly be reassigned, and because of that, his agency told him that he should not sign a year's lease on an apartment but should rent month to month. Dr. Fuhrman's claim of $2,889.54 for additional lodging costs is for the period of time after his eligibility for TQSE expired, from September 16, 1991, through May 1992 when he moved from his rented apartment into his permanent quarters. His claim is for the difference in rent of that apartment for the 8 -month period between the amount he paid under his month-to-month lease and the amount he would have paid under a year's lease.
When Dr.
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