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B-222371 1 (1986-11-17)

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The Comptroller General
of the United States
Washington, D.C. 20548
Decision




Matterof- Lucy S. Tyler - Real Estate Expenses - Effect of
         Voluntary Separation on Reimbursement
File:    B-222371

Date:    November 17, 1986

DIGEST

An employee, transferred in the interest of the government,
executed a 12-month service agreement. Pursuant to regula-
tion, she had 2 years from the date she reported for duty at
her new station (August 8, 1983) to sell her residence at her
old duty station and purchase a residence at her new duty
station. She voluntarily separated from government service
  13 months after reporting to her new duty station. Subse-
  quent to her separation but within 2 years of her reporting
  date, she sold her old residence and purchased a new one and
  claims expense reimbursement. On question of whether her
  voluntary separation alters her reimbursement rights, the
  answer is no. So long as an employee performs a minimum of
  12 months continuous service following transfer, such condi-
  tional rights as she has to real estate expense reimbursement
  pursuant to a service agreement became vested 12 months
  later, subject only to the maximum time limitation within
  which such expenses must be incurred.

  DECISION

  This decision is in response to a request from the Director,
  Office of Budget and Finance (Controller), Veterans Adminis-
  tration (VA). It concerns the entitlement of a former
  employee to be reimbursed real estate transaction expenses
  incident to a permanent change-of-station transfer in August
  1983. The claim is allowed for the following reasons.

  BACKGROUND

  Dr. Lucy S. Tyler, a former employee of the VA, was stationed
  in Louisville, Kentucky. She was transferred in the interest
  of the Government from her position in Louisville to the
  position of Staff Assistant at the VA Medical Center in Bay
  Pines, Florida. She reported for duty at the Bay Pines
  Medical Center on August 8, 1983. On September 7, 1984,
  Dr. Tyler voluntarily resigned her position and left Federal
  government service. On November 21, 1984, she sold her
  residence at her old station in Louisville, Kentucky, and
  the VA has reimbursed her for the sales expenses. On




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