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B-218645 1 (1986-09-29)

handle is hein.gao/gaobadmmq0001 and id is 1 raw text is: The Comptroler General of the United States ( 7) ; Washington. D.C. 20548 Decision Matterof: Thomas D. Mulder - Relocation Expenses - Inter-Agency Transfer File: B-218645 Date: September Z9, 1986 DIGEST I. An employee involved in an inter-agency transfer in the interest of the government without a break in service, which also involved vested overseas return travel rights from Alaska, is entitled to relocation expenses under 5 U.S.C. §.i 5724 and 5724a. Milton J. Parsons, 58 Comp. Gen. 783 (1979), distinguished. 2. An employee transferred in the interest of the government was not issued travel orders. However, travel orders are not essential for relocation expense reimbursement. While the issuance of travel orders demonstrates an agency's inten- tion to transfer an employee, the absence of such orders is not fatal to those relocation expense reimbursement rights if there is other objective evidence of that transfer inten- tion. Orville H. Myers, 57 Comp. Gen. 447 (1978). 3. An employee transferred in the interest of the government did not execute a service agreement incident to that transfer. However, lack of such an agreement does not defeat relocation expense reimbursement. The statutory condition to payment of relocation expenses incident to such a transfer is that the employee remain in government service without a break in service for a minimum-of 12 months following transfer. So long as that condition is met, relocation expenses may be paid. Baltazar A. Villarreal, B-214244, May 22, 1984. Time with a particular agency is not a condition precedent to relocation expense reimbursement. Finn v. united States, 102 Ct. Cl. 814 (1970). 4. Ordinarily, all relocation expense reimbursements under 5 U.S.C. §§ 5724 and 5724a associated with an inter-agency transfer are the sole responsibility of the gaining agency. 5 U.S.C. S 5724(e). However, where an employee also has vested return travel rights under 5 U.S.C. § 5722, these are

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