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B-191203 1 (1978-05-11)

handle is hein.gao/gaobadgaa0001 and id is 1 raw text is: I DECISIlO N I I cT! COMPTROLLIER GENIRAL Q'1*,*.) OF THE UNITED STATES / wP6' A/ASHINGTON. D.C. 20b4 0 DATE: Mdy 11, 1978 MATTER OF: Harold W. Harper - Reimursement for Real Estate Expenses - Time Limitation DIGEST: Departme'nt of Agriculture employee who transferred from Holbrook, Arizona, to Albuquerque, New Mexico, and reported for duty on May 27, 1974. may not be reimbursed for sale of former residence since settlement did not occur until March 15, 1977, wore than 2 years after date of reporting. Tim limitation imposed by FTR para. 2-6.le has the force and effect of law and may not be waived in any individual case. This action is in response to an appeal by Mr. Harold W. Varper, an employee of the U.S. Department of Agricultura, Forest Sqrvice, of a settlement issued by our Claims Division on December 5, 1977, disallowing his claim for reimbursement of real estate expenses incurred in connection with the sale of his r.eidence incident to P. permanent change of station. As a result of the consolidation of the administration of the Apache and $iegreaves National Forests, Mr. Harper was transferred from Holbrook, Arizona, to Albuquerque, New Mexico, where he reported for duty on May 27, 1974. On May 9, 1975, a purchaser for his home at his old duty station offered to enter into a lease- purchase agreement. The settlement, however, did not occur until March 15, 1977, as the buyer experienred some unexpected problems concerning the financing of the purchase. Reimbursement to Federal employees of certain expenses incurred in connection with residence transactions incident to a transfer of duty station is governed by section 5724(a) (4) of title 5, United States Code. By Executive Order No. 11609, July 2, 1971, the Presidential authority to issue regulations under 5 U.S.C. 5724(a) was delegated to the General Services Administration (GSA). Pursuant to this authority, the GSA promulgated paragraph 2-6.1 of the Federal Travel Regulations (PTR) (FPMR 101-7, May 1973) which governs time limitations for reimbursement of expenses incurred in connec- tion with real estate transactions and provides in pertinent part that: FILE: 8-191203 L

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