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B-198460 1 (1980-10-28)

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DECISION





FILE: B-19846


MATTER


DIGEST:


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


0


DATE:   October 28, 1980


OF: James H. Bailey - Termination of Per Diem En-
    titlement when Employee Dies on Temporary Duty

 (1)  Employee of General Services Admin-
      istration died while on temporary
      duty for which he was authorized per
      diem allowance. Payment of per diem
      in these circumstances is subject to
      same rule which governs payment of
      compensation to deceased employee;
      namely, payment may be made to one
      legally entitled to payment of per
      diem allowance due deceased employee
      of United States up to and including
      entire date of death, regardless of
      time during day that death occurs,
      but such payment may not be made for
      any date later than that.


                    (2)  Where application of rule stated in
                         this decision in regard to termina-
                         tion of deceased employee's per diem
                         entitlement precludes reimbursement
                         for authorized expenses actually in-
                         curred by employee and definitely
                         intended for coverage by the per
                         diem entitlement, agency may find
                         that employee's death comes within
                         the scope of our decision, Snodgrass
                         and VanRonk, B-195352, July 17, 1980,
                         59 Comp. Gen.    .  Accordingly, pre-
                         paid expenses incurred by a deceased
                         employee may be reimbursed by his
                         agency to the same extent as if the
                         temporary duty had been cancelled or
                         curtailed.

               The General Services Administration (GSA) has
          asked this Office to determine when the per diem en-
          titlement terminates in circumstances where an employ-
          ee on temporary duty dies. For the reasons which follow
          we conclude that an employee's entitlement to per diem


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