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B-209085 1 (1983-03-22)

handle is hein.gao/gaobadkyq0001 and id is 1 raw text is: 

                          THE COMPTROLLER GENERAL
  DECISION                 OF THE UNITED       STATES
                           WASHINGTON, D. C. 20549



  FILE:   B-209085              DATE:     March 22, 1983

  MATTER OF:     Russell F. Gober - Relocation Expenses
                 Incident to Reemployment After RIF
  DIGEST:
        Under 5 U.S.C. S 5724(e) and 5724a(c)
        (1976), the losing or gaining agency has
        administrative discretion whether to pay
        all, none, or part of reimbursable reloca-
        tion expenses for employees separated by a
        reduction-in-force from one agency and
        hired by another agency within I year in a
        nontemporary appointment at a different
        geographical location. Thus, the National
        Transportation Safety Board as losing
        agency may, in its administrative discre-
        tion, pay all, part, or none of the relo-
        cation expenses of its former employees
        subsequently hired by another agency, and
        the Federal Railroad Administration as
        gaining agency has the same range of
        discretion.

    Mr. Jim Burnett, Chairman, National Transportation
Safety Board (NTSB), has requested an advance decision as to
whether it is permissible for the NTSB to pay only a portion
of the relocation expenses reimbursable under 5 U.S.C.
SS 5724 et seq. (1976) for former employees of the NTSB
separated as a result of a reduction-in-force (RIF), and
rehired shortly thereafter by another Federal agency.
Specifically, he refers us to the claim for relocation
expenses made by Mr. Russell F. Gober, a former employee of
the NTSB who was subsequently hired by the Federal Railroad
Administration (FRA). For the reasons stated below, we con-
clude that, subject to certain conditions, the NTSB has
administrative discretion to pay all, none, or some of the
relocation expenses otherwise reimbursable under 5 U.S.C.
SS 5724 et seq., for such employees, including Mr. Gober.

    In April 1982, Mr. Gober was involuntarily separated
from the NTSB through a RIF. In July 1982, he accepted an
offer of employment with the FRA. Prior to his relocation,
Mr. Gober received an offer from the NTSB to pay for up to
$5,000 of his relocation expenses if, among other things,
the FRA issued travel orders prior to September 30, 1982,

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