5 U.S.C. § 5724a — Relocation expenses of employees transferred or reemployedtransferred
submitted 59 years ago by Pub. L. 90-83 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 1,177 words · no verdicts yet
This section authorizes agencies to pay several relocation costs for employees who transfer in the Government’s interest. These costs can include family travel, temporary housing, home-sale and purchase costs, property management, and miscellaneous expenses, subject to stated limits.
(a) Under section 5738 regulations, the agency must pay the employee or the employee’s immediate family’s per diem, actual food-and-lodging costs, or both, for the family’s travel between the old and new official stations.
(b)(1) For a transfer between stations in the United States, the agency may pay: (A) transportation for the employee and spouse to look for permanent housing at the new station; and (B) either per diem, actual food-and-lodging costs, or both, or a subsistence amount capped by the Administrator of General Services. (2) These expenses may be allowed for only one round trip for each station change.
(c)(1) The agency may pay the employee’s and immediate family’s actual food-and-lodging costs for up to 60 days while they occupy temporary quarters at a new United States station, or may pay a subsistence amount capped by the Administrator instead of actual costs. (2) The agency head or designee may add up to 60 more days if compelling reasons require continued temporary housing. (3) Regulations implementing actual-cost payments must set daily per-person rates and amounts.
(d)(1) For a United States-to-United States transfer, the agency must pay required employee costs for selling the old residence or settling an unexpired lease and buying a residence at the new station. (2) For a transfer from a foreign duty post to a United States station other than the station from which the employee left for the foreign tour, the agency must pay required costs of selling or settling the lease of the residence at the old United States station and buying a residence at the new United States station. (3) The sale, lease settlement, or purchase must occur after official notice that the employee will return to a different United States station. (4) Brokerage fees and other reimbursed costs cannot exceed customary local charges. (5) Losses on selling the residence are not reimbursed. (6) The rule applies whether title or the lease is in the employee’s name, jointly with an immediate-family member, or only in that family member’s name. (7) Reimbursement for the old residence’s sale cannot exceed 10 percent of its sale price; reimbursement for the new residence’s purchase cannot exceed 5 percent of its purchase price. (8) The agency may pay property-management-service costs instead of sale costs under paragraph (1) or (2) when it finds the transfer advantageous and cost-effective.
(e) For a transfer to a foreign duty post, the agency may pay property-management-service costs. Payment ends when the employee returns to a United States official station.
(f)(1) An employee reimbursed under subsections (a) through (e) or section 5724(a) is entitled to miscellaneous expenses of up to two weeks’ basic pay if the employee has an immediate family, or up to one week’s basic pay otherwise. (2) The amount cannot exceed the amount calculated at the maximum rate payable for a GS-13 position.
(g) A former employee separated because of a reduction in force or transfer of function who is rehired within one year, through a nontemporary appointment at a different geographic location, may receive the expenses under sections 5724, 5725, 5726(b), and 5727 and the benefits under subsections (a) through (f), as if transferred without a break in service from the separation location to the reemployment location.
(h) Subsistence payments under this section, including payments instead of per diem or actual costs, cannot exceed the maximum allowed by regulations implementing section 5702.
Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, a per diem allowance or the actual subsistence expenses, or a combination thereof, of the immediate family of the employee for en route travel of the immediate family between the employee’s old and new official stations.
Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government between official stations located within the United States—
the expenses of transportation of the employee and the employee’s spouse for travel to seek permanent residence quarters at a new official station; and
either—
a per diem allowance or the actual subsistence expenses (or a combination of both); or
an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services.
Expenses may be allowed under paragraph (1) only for one round trip in connection with each change of station of the employee.
Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government—
actual subsistence expenses of the employee and the employee’s immediate family for a period of up to 60 days while the employee or family is occupying temporary quarters when the new official station is located within the United States; or
an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services, instead of the actual subsistence expenses authorized in subparagraph (A) of this paragraph.
The period authorized in paragraph (1) of this subsection for payment of expenses for residence in temporary quarters may be extended up to an additional 60 days if the head of the agency concerned or the designee of such head of the agency determines that there are compelling reasons for the continued occupancy of temporary quarters.
The regulations implementing paragraph (1)(A) shall prescribe daily rates and amounts for subsistence expenses per individual.
Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station and purchase of a residence at the new official station that are required to be paid by the employee, when the old and new official stations are located within the United States.
Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government from a post of duty located outside the United States to an official station within the United States (other than the official station within the United States from which the employee was transferred when assigned to the foreign tour of duty)—
expenses required to be paid by the employee of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station from which the employee was transferred when the employee was assigned to the post of duty located outside the United States; and
expenses required to be paid by the employee of the purchase of a residence at the new official station within the United States.
Reimbursement of expenses under paragraph (2) of this subsection shall not be allowed for any sale (or settlement of an unexpired lease) or purchase transaction that occurs prior to official notification that the employee’s return to the United States would be to an official station other than the official station from which the employee was transferred when assigned to the post of duty outside the United States.
Reimbursement for brokerage fees on the sale of the residence and other expenses under this subsection may not exceed those customarily charged in the locality where the residence is located.
Reimbursement may not be made under this subsection for losses incurred by the employee on the sale of the residence.
This subsection applies regardless of whether title to the residence or the unexpired lease is—
in the name of the employee alone;
in the joint names of the employee and a member of the employee’s immediate family; or
in the name of a member of the employee’s immediate family alone.
In connection with the sale of the residence at the old official station, reimbursement under this subsection shall not exceed 10 percent of the sale price.
In connection with the purchase of a residence at the new official station, reimbursement under this subsection shall not exceed 5 percent of the purchase price.
Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government expenses of property management services, instead of expenses under paragraph (1) or (2) of this subsection for sale of the employee’s residence, when the agency determines that such transfer is advantageous and cost-effective for the Government.
Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government, the expenses of property management services when the employee transfers to a post of duty outside the United States. Such payment shall terminate upon return of the employee to an official station within the United States.
Under regulations prescribed under section 5738 and subject to paragraph (2), an employee who is reimbursed under subsections (a) through (e) of this section or section 5724(a) of this title is entitled to an amount for miscellaneous expenses—
not to exceed two weeks’ basic pay, if such employee has an immediate family; or
not to exceed one week’s basic pay, if such employee does not have an immediate family.
Amounts paid under paragraph (1) may not exceed amounts determined at the maximum rate payable for a position at GS–13 of the General Schedule.
A former employee separated by reason of reduction in force or transfer of function who within one year after the separation is reemployed by a nontemporary 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 benefits authorized by subsections (a) through (f) of this section, in the same manner as though the employee had been transferred in the interest of the Government without a break in service to the location of reemployment from the location where separated.
Payments for subsistence expenses, including amounts in lieu of per diem or actual subsistence expenses or a combination thereof, authorized under this section may not exceed the maximum payment allowed under regulations which implement section 5702 of this title.
Source credit: (Added Pub. L. 90–83, § 1(37)(A), Sept. 11, 1967, 81 Stat. 204; amended Pub. L. 96–70, title I, § 1231(d), Sept. 27, 1979, 93 Stat. 470; Pub. L. 98–151, § 118(a)(5), (6), Nov. 14, 1983, 97 Stat. 977, 978; Pub. L. 99–234, title I, § 105, Jan. 2, 1986, 99 Stat. 1758; Pub. L. 100–202, § 101(m) [title VI, § 628(a)(1)], Dec. 22, 1987, 101 Stat. 1329–390, 1329–430; Pub. L. 101–510, div. A, title XII, § 1206(c), Nov. 5, 1990, 104 Stat. 1661; Pub. L. 104–201, div. A, title XVII, §§ 1711–1713(a), 1714, 1718, Sept. 23, 1996, 110 Stat. 2753–2755, 2757; Pub. L. 105–85, div. C, title XXXV, § 3550(c)(2), Nov. 18, 1997, 111 Stat. 2074; Pub. L. 105–264, §§ 6(5), 7, Oct. 19, 1998, 112 Stat. 2356, 2357.)
- 1967Enacted · Pub. L. 90-83 · 81 Stat. 204
- 1979Amended · Pub. L. 96-70 · 93 Stat. 470
- 1983Amended · Pub. L. 98-151 · 97 Stat. 977, 978
- 1986Amended · Pub. L. 99-234 · 99 Stat. 1758
- 1987Amended · Pub. L. 100-202 · 101 Stat. 1329
- 1990Amended · Pub. L. 101-510 · 104 Stat. 1661
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2753
- 1997Amended · Pub. L. 105-85 · 111 Stat. 2074
- 1998Amended · Pub. L. 105-264 · 112 Stat. 2356, 2357
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-83 on 1967-09-11.
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