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B-172594 1 (1972-12-14)

handle is hein.gao/gaobaddvh0001 and id is 1 raw text is: 

                 .MPTROLLER GENERAL OF THE UNITED STATES
                           WASHINGTON. D.C. 20548


11-172594
                                        Deceaber 14, 1972       0 9 96


Dea  Mr. Borda:

     Reference Is made  to your letter dated July 19, 1972. assigned
PDTATAC Control No.  72-34 by which you request an advance decision con-
cerning the proper method  for the funding of transfer expenses when an
employee who has been separated  from service in one component Depart-
ment within  the Department of Defense (DOD) due to a reduction in force
or transfer of function  is  reemployed at a different location by a
different component within DOD after a break in service of not more
than one year and  is entitled to reimbursement of transfer expenses
under 5 U.S.C. 5724a(c).

     You note that our decisions in 51 Comp. Gen.  14 (1971) and
5-172594, June 8, 1972, which involved separations at oversese  stations
and reemployment in the continental United States in circumstances
covered by 5 U.S.C. 5724a(c), authorized a method of.split-funding'
with respect to the total costs of the transfer.  The question you
now raise concerns the funding requirements in similar circumstances
but with the difference that the employee is separated pnd reemployed
at duty stations in the continental United States.

     You indicate that in cases involving transfer caused by reduction
in force or transfer of function it has been the general policy of DOD
that the losing activity will pay the necessa-y travel and transporta-
tion expenses.  This policy is implemented by paragraph C1053-2b(1)(b)
of the Joint Travel Regulations  (JTR). However, DOD did not intend
that regulation to cover cases in which there is a break in service
with transfer costs payable under 5 U.S.C. 5724a(c).  See 51 Coup.
Gen. 14, supra.

     5 U.S.C. 5724a(c) provides:

          (c)  Under such regulations as the President may
     prescribe, a former employee separated by reason of reduc-
     tion in force or transfer of function who within 1 year          -
     after the separation is reemployed by a iontemporary
     appointment at a different geographical location from that
     where the separation occurred may be allowed and paid the
     expenses authorized by sections 5724, 5725, 5726(b). and
     5727 of this title, and may receive the ,aenefits authorized



                                                   PUBI Ii-D DECISION
                                                   52 Comp. Gen.     .'

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