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B-203922(DDM) 1 (1981-08-05)

handle is hein.gao/gaobabkdh0001 and id is 1 raw text is: ' COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 August 5, 1981 In Reply Refer to: B-203922(DDM) The Honorable Walter D. Huddleston United States Senate Dear Senator Huddleston: Reference is made to your letter of June 23, 1981, inquiring into the correctness of a decision by the United States Department of Labor disallowing re- location expenses for Roy A. Redmond, Jr. You also requested us to determine whether Mr. Redmond has any other legal or administrative remedy if the Department of Labor's decision on disallowance is correct. The facts as presented indicate that Mr. Redmond entered into an employment agreement with the Depart- ment of Labor under which he was transfered from the Postal Service to the Office of the Inspector General, Department of Labor. The agreement specified that travel and transfer expenses would be paid by the Department of Labor. However, by a memorandum, dated May 22, 1981, the Department's Office of Accounting informed Mr. Redmond that these expenses should not have been paid and that the Department is reclaiming the amount of $6,025.79 paid to him. The Department of Labor's decision is correct. In our decision in Postal Service Employees, 58 Comp. Gen. 132 (1978), we held that an employee who transfers from the Postal Service to an agency is not eligible for re- imbursement of relocation expenses under 5 U.S.C. §§ 5724 and 5724a (1976). That decision involved our first con- struction of 5 U.S.C. § 104 (1976), as amended by the Postal Reorganization Act of 1970, Pub. L. No. 91-375, S 6(c)(2), 84 Stat 775. The Act amended 5 U.S.C. S 104 so as to exclude the Postal Service from the term Executive agency as defined in 5 U.S.C. § 105 (1976). As a result, employees who transfer from the Postal Service to Federal agencies are not entitled to re- location expenses. James A. Schultz, 59 Comp. Gen. 28, 29 (1979), copy enclosed. Therefore, Mr. Redmond is not entitled to relocation expenses. ~Vc)

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