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B-191039 1 (1978-06-16)

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THE   CrvIPTAcFLa  raOENMRAL
OF  IrHM   UN ITEo   STATE


W.AHI  PN0 TON,


D.C.  -0540


FILE: B-191039


IATE: J1ru,


16, 1978


MATTER   OF: Bectil Peterson - Mr4itorious Claim


DIGEST:


Peemployed annuitant'0 official duty  station
was designated near hL  residence  in Arizona
and employee was erro;irously teinhursed for
travel and subsistence expenses for duty
performed in Virginia. Duty station must
be where major part of duties are performed
and cannot be desiqnate  elsewhere in order
to pay such expenses. Claim for travel and
subsistence expenses Is not for reporting
to Congress as meritorikus claim.


     This action  is in response to the request of
Mr. Bertil  Peterson, a retired Federal employee, for
relief from collection of  erroneoua paymenLs of travel
and subsistence expenss   which were made incident to his
reemployment by  the Department of the Interior (Interior).
We have'also received a  report frqm Interior recommendinq
that this case be submitted  to Ccuigress under the
Meritorious Claims Act,  31 U.S.C. 9 236 (1970).

     The record before us  indicates that Mr. Peterson
retired in July 1973, from  his posiLion wilts the National
Park Service as a Realty  Specialiist at the Colonial
National Park, Virginia, and  that ii 1975 he was asked
to return as a reemployed  annuitnmt to assist with the
purchase of additional property  within the boundaries of
the Park. It appears that Mr.  Petetson expressed some
reluctance to return to the Colonial  National Park from
his residence in Glendale, Arizoia,  in view of the travel
ard subsistence expenses which would be incurred and the
fact that his salary would be  reduced by the amount of
his annuity. Under these ciLrcumstaces, Interior  determined
that Phoenix, Arizona, would be considered  Mr. Petercon's
official duty station and that he  would, therefore, be
entitled to travel and subsistencu eyonnes   while employed
in Virginia.


     Mr. Peterson accepted  the offer
thosL- circumstances and was eiployed
Auqust 29, 1975, to October  18, 1915
1976, to March 30, 1976. Subsequentl
of a Civil Seivice Commission audit,


of  reemployment under
eluring the periods from
* and from Pebmuary 22,
y, duriw; the cow se
thi:  pervonnel action


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