About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-236651 1 (1990-02-12)

handle is hein.gao/gaobadnro0001 and id is 1 raw text is: 
JI ''AW


The Comptroller General
of the United States
Washington, D.C. 20548
Decision




Matter of:
          Jean Jacobson

File:
          B-236651
Date:      February 12, 1990

DECISION

The issue in this decision is whether an employee is
entitled to reimbursement for relocation expenses under
the circumstances of her chanqe of duty station.l/ For
the reasons stated below, we conclude that the employee's
relocation must be characterized as being primarily for her
own convenience or benefit. Therefore, she is not entitled
to reimbursement for her relocation expenses.

In 1987, Ms. Jean Jacobson, who was employed in the Omaha,
Nebraska, branch office of the Social Security Administra-
tion, informed her agency of her intention to resign her
position in order to accompany her husband to Grand Island,
Nebraska, where he had accepted new employment. Upon
learning of her intentions, Ms. Jacobson's manager discussed
with her the possibility of continuing her employment in the
district office in Grand Island. Since Ms. Jacobson was not
able to work full-time, she was offered a part-time position
as a claims representative in the Grand Island office which
she accepted.

An employee is entitled to relocation expenses only if the
agency determines that the transfer is in the interest of
the government and not primarily for the benefit of the
employee. 5 U.S.C. SS 5724(a) and (h) (1988); Federal
Travel Regulations (FTR), para. 2-1.3 (Supp. 1, Sept. 28,
1981), incorp. by ref., 41 C.F.R. S 101-7.003 (1987).
Under FTR para. 2-1.3, agencies have the responsibility for
determining whether a particular transfer is in the interest
of the government or is primarily for the convenience or
benefit of the employee. Agencies have broad discretion in
making that determination, and where an agency acts under


l/ This responds to a request from Bette A. Mumpower,
Director, Division of Finance, Office of the Regional
Director, Region VII, Department of Health and Human
Services, Kansas City, Missouri.

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:

Already a HeinOnline Subscriber?

profiles profiles most