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B-195180 1 (1979-10-24)

handle is hein.gao/gaobadhrs0001 and id is 1 raw text is: DECISIODlls FILE: B-195180 MATTER OF: DIGEST: , THE COMPTROLLER GENE'tAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: October 24, 1979 Cathryn P. White - Relocation service agreement - Creditable service 1. The 12-month Government.service obligation required by 5 U.S.C. § 5722(b)(2) and FTR 2-1.5a(l)(b) is a statutory condition pre- cedent tojpayment of relocation expenses incident to change of official duty statio3 to Alaska. Thus, employee may be bound by 12-month service obligation even though she did not execute a service agreement, and where employee has been continuously employed for a 12-month period following a transfer, the condition precedent is satisfied and a service agreement need not be executed. See cases cited. 2. Employee bound by 12-month service obligation incident to transfer of official station to Alaska served 10 months and was then granted 3 months leave without pay by agency. Although she resigned at conclusion of leave without pay period, employee is entitled to specified travel and relocation expenses incident to transfer since time spent in leave without pay status is creditable time in Government service within the meaning of 5 U.S.C. § 5722(b)(2) and employee fulfilled 12-month service obligation. This action is in response to a request for a decision sub- mitted by the Director, Financial Management Division, U.S. Customs Service, Department of the Treasury, as to the propriety of payment of-a-veueher for reimbursement of expenses incurred in the sale of a residence by Ms. Cathryn P. White, a former employee of the Customs Service, incident to a transfer. The agency has refused payment on the voucher on the basis that the former employee apparently did not agree in writing to remain in the service of the United States for 12 months as required by statute, and she did not in fact remain in Government service for 12 months following her change of official duty station. The agency further requests a determination as to whether it may properly seek recovery of additiohal amounts reimbursed to Ms. White in the form of travel and relocation expenses paid in connection with Ms. White's transfer.

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