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B-214282 1 (1984-09-05)

handle is hein.gao/gaobadlwu0001 and id is 1 raw text is: THE COMPTROCLLER UENERNAL OUCISION OP THE UNITE0 TATUE WASHINGTON, O. . 2064U FILE: B-214282 DATE: September 5, 1984 MATTER OF: Miquel Caban DIGEST: 1. An employee who executed an agreement to remain in the service of the IRS in Puerto Rico for 24 months but who obtained an appointment in Puerto Rico with HUD only 5 months later, did not satisfy the terms of his original agreement by remaining with HUD for an additional 19 months. An agency may condition return travel entitlement upon an employee's satisfaction of an agree- ment to remain in the service of that particular agency at a designated over- seas post of duty for a specified period. 2. An employee who was locally hired for a position in Puerto Rico with HUD after having served 5 months with IRS in Puerto Rico claims entitlement to renewal agree- ment travel under 5 U.S.C. S 5728(a), based on his view that his place of actual residence is New Jersey where he had lived prior to his transfer to Puerto Rico with the IRS. Based on information evidencing his intent to relocate to Puerto Rico on a permanent basis, HUD properly determined that the employee's residence at the time of his appointment was Puerto Rico. Any prior residency determination made by IRS would not be binding on HUD. 3. Where agency determined that locally hired employee's actual place of resi- dence was Puerto Rico, his place of residence was the same as his post of duty, and his employment in Puerto Rico does not constitute service abroad under 5 C.F.R. S 630.601(c) so as to entitle him to home leave under 5 U.S.C. § 6305(a). Because of that residency determination he was not given a return

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