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B-323449 1 (2012-08-14)

handle is hein.gao/gaobadoyh0001 and id is 1 raw text is: G A Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Availability of Appropriations for Reimbursements for Health Insurance Expenses File: B-323449 Date: August 14, 2012 DIGEST Where the Office of Personnel Management (OPM) does not permit the enrollment of an employee's spouse under the Federal Employees Health Benefits Program (FEHBP), appropriated funds are not available to reimburse the employee for the costs of health insurance for his spouse. The Federal Employees Health Benefits Act of 1959 charges OPM with the administration of the FEHBP, and OPM has advised that same-sex spouses are not eligible for enrollment. Accordingly, a federal court may not use its appropriation to reimburse its employee for the cost of purchasing health insurance outside of the FEHBP. DECISION The Clerk of the U.S. District Court for the Northern District of California (court) has requested a decision under 28 U.S.C. § 613(c)1 on the availability of the court's appropriation to make reimbursements for the health insurance expenses of a court employee. Letter from Clerk, District Court, to General Counsel, GAO, Apr. 16, 2012 (Request Letter). As explained below, we conclude that the court's appropriation is not available for this purpose, as the reimbursements constitute the payment of the employee's personal expenses. 1 A certifying officer in the judicial branch has the right to obtain a decision of the Comptroller General on questions of law involved in payment requests. 28 U.S.C. § 613(c). The Director of the Administrative Office of the United States Courts (AOUSC) has designated the Clerk to serve as a certifying officer and as a disbursing officer. Memorandum from Chief Accounting Officer, AOUSC, Designation of Certifying Officers, effective March 4, 2002.

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