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B-193797 1 (1979-05-11)

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B-193797


DATE:  May 11, 1979


Arthir G. Alexiou - Per Diem v. Station
Allowances - Intergovernmental Personnel Act


Civilian employee of National Oceanic and
Atmospheric Administration detailed to
University of California for I year under
Intergovernmental Personnel Act (IPA.) of
1970, 5 U. S. C. § 3375 (1976). Although
Assignment Agreement  provided for pay-
ment of per diem in lieu of subsistence
and change-of- station allowances, agree-
ment is without legal effect to bind
Government  since in 53 Comp. Gen. 81
(1973), this Office held that under
section 3375, employees traveling on
IPA assignments may  receive per diem
or station allowances, but not both.
Since employee elected to receive per
diem, he has no further entitlement.


    This action is in. response to aLequest by Mr. Ralph C.
Reeder, Director, Office of Personnel, National Uceamc and
L.lospheric  Acftministration (NOAA), United States Depart-
ment of Commerce,  for a decision concerning theclaim e1

-eper diem  and travel expenses f
incident to aie assignment under th- Intergovernmental Per-
sonnel Act (IPA) of 1970, approved January 5, 1971, Public
Law  91-6  , 84 Stat. 1.909, 5 U.S. C. §§ 3371-3376 (1976).

    By Assignment Agreement  executed on February 28, 1977,
Mr.  Alexion was temporarily assigned, during the period
July 1, 1.977, to June 30, 1978, from NOAA, Washington.,
D. C. , to the Scriops Institution of Oceanography, University
of California, La Jolla, California, under the provisions of
the 1 2 . The Assignnent Agreemo-ent stated that the agreement
constituted the written record of the obligations and respon.-
sibilities of the agency and the employee. Attachment A of
the agreenent stated, in pertmient part, as follows:


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