About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-225289 1 (1987-02-17)

handle is hein.gao/gaobadmpe0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Dwight Kimsey - Relocation Expenses - Back Pay Act File: B-225289 Date: February 17, 1987 DIGEST Employee of Office of Surface Mining Reclamation and Enforce- ment requests reimbursement for relocation expenses incurred to return to his former duty station after his reinstatement was directed by Merit Systems Protection Board. During the time he had been separated, he had relocated to accept other employment. Neither the Back Pay Act, 5 U.S.C. S 5596, which prescribes allowable payments when an employee undergoes an unwarranted personnel action, nor the regulations imple- menting section 5596, authorize consequential relocation and- moving expenses when an employee is erroneously separated. Although such expenses may result from an improper personnel action, they do not represent benefits an employee would have received had the personnel action not occurred. DECISION Jed 0. Christensen, Director, Office of Surface Mining Reclamation and Enforcement (OSMRE), Department of the Interior, requests an advance decision concerning whether Mr. Dwight Kimsey, an OSMRE employee, may be reimbursed for relocation expenses he incurred following a Merit Systems Protection Board (MSPB) decision directing his reemployment by that agency. We hold that neither the fBack Pay Act, 5 U.S.C. S 5596 (1982), which prescribes allowable payments when an employee undergoes an unwarranted personnel action, nor the regulations implementing section 5596, authorize consequential relocation and moving expenses when an erroneously separated employee is reinstated. Although such expenses may result from an improper personnel action, they do not represent benefits an employee would have received had the personnel action not occurred. BACKGROUND Mr. Kimsey was separated from OSMRE by a reduction-in-force in January 1982, after he declined to transfer with his ancu function from Denver, Colorado, to Albuquerque, N w M xico. Mr. Kimsey filed an appeal with the MSPB, which 03910 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most