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B-185496 1 (1976-08-26)

handle is hein.gao/gaobaddgs0001 and id is 1 raw text is: 


       p  THE  COMPTROLLER GENERAL
          OF   THE UNITED STATES
 A WASHINGTON, D. C. 20548


DATE: AUG 2 6 1976


Arnold Belkin - Detail to executive agency
under Intergovernmlental Personnel Act


1.  State employee detailed to U.S.
    Department of Labor under Intergovern-
    mental Personnel Act was authorized per
    diem by Assignment Agreement for duration
    of detail.  In prior decisions this Office
    has ruled that travel expenses for State or
    local government employees detailed to an
    executive agcency under 5 U.S.C. § 3375
    must be iaid in accordance with usual rules
    which apply to Federal employees traveling
    on trainin: assi-nmerits or on official
    business.  Since the cmployee's duty sta-
    tion prior to and durin:? detail was in
    Boston, M- assachusetts, he may not be
    allowed per diem while stationed at his
    headquarters.


           2.  State employee detailed under Inter.overn-
               mental Personnel Act to executive a-ency was
               paid per diem authorized by Assigfnment
               Agreeient while not traveling, purportedly
               to bring his salary to level comparable
               with Federal employees. 5 U.S.C.
               §'5374(c)(l), states that State or local
               government employee detailed to executive
               agency is not entitled to pay fron the
               agency. Thu3, that portion of Assignment
               Agreement purporting to rant per diem for
               purpose of supplemental salary was without
               legal effect.

     This action is in response to a letter dated December 1,
1975, from Alfred M. Zuck, Comptroller of the U.S. Department of
Labor, requesting our decision concerning the propriety of
certain per diem payments made to fr. Arnold Bolkin, an employee
of the Commonwealth of assachusetts detailed to the Departm~ent
of Labor under an agreement entered into pursuant to the Inter-
governmental Personnel Act (IPA),(5 U.S.C. 6 3371, et seq.).


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