41 C.F.R. PART 302–2—EMPLOYEES ELIGIBILITY REQUIREMENTS
Title 41 - Public Contracts and Property Management
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Source: FTR Amdt. 98, 66 FR 58196, Nov. 20, 2001, unless otherwise noted.
Note to subpart A: Use of pronouns “I”, “you”, and their variants throughout this subpart refers to the employee. You may begin your transfer or reassignment only after your agency has approved your travel authorization (TA) in writing (paper or electronic). No, you must have the written TA (paper or electronic) before you relocate to your new official duty station. Your entitlements and allowances for relocation are determined by the regulatory provisions that are in effect at the time you report for duty at your new official station. However, this does not change the requirement that all aspects of a relocation must be completed by the time specified in §§302–2.7 through 30–2.11. [FTR Amdt. 98, 66 FR 58196, Nov. 20, 2001, as amended by FTR Amdt. 108, 67 FR 57968, Sept. 13, 2002] Your effective transfer or appointment date is the date on which you report for duty at your new or first official station, respectively. Yes, you may relocate from a place other than from where you are authorized. However, you will be required to pay all additional costs incurred for expenses above your authorized travel and transportation cost. Generally no; you may not be reimbursed for relocation expenses if you relocate to a new official station that is less than 50 miles from your old official station, unless the head of the agency or designee authorizes an exception. On a case-by-case basis and having considered the following criteria, the head of your agency or designee may authorize the reimbursement of relocation expenses of less than 50 miles when he/she determines that it is in the interest of the Government: and (a) The one way commuting pattern between the old and new official station increases by at least 10 miles but no more than 50 miles; or (b) There is an increase in the commuting time to the new official station; or (c) A financial hardship is imposed due to increased commuting costs. You and your immediate family member(s) may begin travel immediately upon receipt of your authorized TA. You and your immediate family member(s) must complete all aspects of your relocation within two years from the effective date of your transfer or appointment, except as provided in §302–2.9 or §302–2.10. No, if you are furloughed to perform active military duty, the 2-year period to complete all aspects of relocation is exclusive of time spent on furlough for active military service. No, the 2-year time period in §302–2.8 does not include time that you cannot travel and/or transport your household effects due to shipping restriction to or from your post of duty OCONUS. Yes, the 2-year time limitation for completing all aspects of a relocation may be extended by your Agency for up to 2 additional years, but only if you have received an extension under §302–11.22. A service agreement is a written agreement between you and your agency, signed by you and an agency representative, stating that you will remain in the service of the Government for a period of time as specified in §302–2.13, after you have relocated. Yes, you are required to sign a service agreement when transferring within or outside the continental United States or performing renewal agreement travel. The minimum periods of service are: (a) Within the continental United States for a period of service of not less than 12 months following the effective date of your transfer; (b) Outside the continental United States for an agreed upon period of service of not more than 36 months or less than 12 months following the effective date of transfer; (c) Department of Defense Overseas Dependent School System teachers for a period of not less than one school year as determined under chapter 25 of title 20, United States Code; and (d) For renewal agreement travel a period of not less than 12 months from the date of return to the same or different overseas official station. Yes, if you violate a service agreement (other than for reasons beyond your control and which must be accepted by your agency), you will have incurred a debt due to the Government and you must reimburse all costs that your agency has paid towards your relocation expenses including withholding tax allowance (WTA) and relocation income tax (RIT) allowance. Yes, if you accept a transfer/appointment to an OCONUS location, you must immediately provide your agency with the information needed to determine your actual place of residence and to document it into your service agreement. No, you do not need to sign a service agreement for a “last move home” relocation. If you fail to sign a service agreement, your agency will not pay for your relocation expenses. No, service agreements which are already in effect cannot be voided by subsequent service agreements. Yes, service agreements can not be grouped together and must be adhered to separately. Each agreement is in effect for the period specified in the agreement. Yes, you may receive an advance of funds for your travel and transportation expenses, as prescribed by your agency, except for overseas tour renewal agreement travel. Your relocation travel authorization must authorize you to receive a travel advance. Yes, you may receive a travel advance if approved by your agency. Note to subpart B: Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the agency. Before authorizing a relocation allowance, you must set internal policies that determine: (a) How you will implement the governing policies throughout this part; (b) How you will determine when a relocation is in the best interest of the Government; (c) When you will allow a travel advance for relocation expenses; (d) Who will authorize and approve relocation travel; (e) Under what additional circumstances will you require an employee to sign a service agreement; and (f) Who is required to sign a service agreement. You may authorize reimbursement for relocation expenses: (a) When you have determined that an employee's permanent change of station is in the best interest of the Government; (b) Only after an employee has signed a service agreement to remain in service for the period specified in §302–2.13; and (c) When you have determined that the employee's relocation is incident to his/her change of official station. The agency head or his/her designee must authorize and approve relocation expenses. To administer the authorization for relocation of an employee, you must: (a) Issue an employee a TA for relocation before he/she transfers to his/her new official station; (b) Inform the employee of his/her transfer within a timeframe that will provide him/her sufficient time for preparation; (c) Establish timeframes on when employees must submit a TA request; and (d) Provide new employees with the applicable limitations of their travel benefits. On the TA, you must state the: (a) Specific allowances that the employee is authorized; and (b) Procedures that the employee is authorized to follow. When an employee transfers between Federal agencies, all allowable expenses must be paid from the funds of the agency that the employee is transferring to. However, in the case of a reduction in force or transfer of function, an agreement may be made between the agencies concerned as to what relocation allowances will be paid by either agency or split between them. This should include the payment of expenses for the extended storage of the employee's household goods when assigned to an isolated permanent duty station within CONUS or a transfer to, from, or between foreign countries. Yes, the agency head or his/her designee may waive any statutory or regulatory limitations for employees relocating (to/from a remote or isolated location) when determining that failure to waive the limitation would cause an undue hardship on the employee. Yes, you should encourage employees to begin travel as soon as possible after authorization of travel is approved and inform employees that they must complete all aspects of relocation within a 2-year period from his/her effective date of transfer or appointment, unless the employee's 2-year period is extended to include: (a) Time spent on military furlough; (b) Delays caused by overseas shipping or other restrictions; or (c) An extension for completion of residence transaction (see §302–11.22 of this chapter).
Title 41: Public Contracts and Property Management
PART 302–2—EMPLOYEES ELIGIBILITY REQUIREMENTS
Section Contents
§ 302-2.1 When may I begin my transfer or reassignment?
§ 302-2.2 May I relocate to my new official duty station before I receive a written travel authorization (TA)?
§ 302-2.3 What determines my entitlements and allowances for relocation?
§ 302-2.4 What is my effective transfer or appointment date?
§ 302-2.5 May I relocate from a location other than the location specified in my relocation travel authorization?
§ 302-2.6 May I be reimbursed for relocation expenses if I relocate to a new official station that is less than 50 miles from my old official duty station?
Time Limits
§ 302-2.7 When may I begin my travel and transportation after receiving authorization to do so?
§ 302-2.8 When must I complete all aspects my relocation?
§ 302-2.9 If I am furloughed to perform active military duty, will I have to complete all aspects of the relocation within the time limitation?
§ 302-2.10 Does the 2-year time period in §302–2.8 include time that I cannot travel and/or transport my household effects due to shipping restrictions to or from my post of duty OCONUS?
§ 302-2.11 May the 2-year time limitation for completing all aspects of a relocation be extended?
Service Agreements
§ 302-2.12 What is a service agreement?
§ 302-2.13 Am I required to sign a service agreement when transferring within or outside the continental United States or performing renewal agreement travel and what is the minimum period of service?
§ 302-2.14 Will I be penalized for violation of my service agreement?
§ 302-2.15 Must I provide my agency with my actual place of residence as soon as I accept a transfer/appointment OCONUS?
§ 302-2.16 Must I sign a service agreement for a “last move home” relocation?
§ 302-2.17 What happens if I fail to sign a service agreement?
§ 302-2.18 Can my service agreement be voided by a subsequent service agreement?
§ 302-2.19 If I have more than one service agreement, must I adhere to each agreement separately?
Advancement of Funds
§ 302-2.20 May I receive an advance of funds for my travel and transportation expenses?
§ 302-2.21 What requirements must I meet to receive a travel advance?
§ 302-2.22 May I receive a travel advance for separation relocation?
§ 302-2.100 What internal policies must we establish before authorizing a relocation allowance?
§ 302-2.101 When may we authorize reimbursement for relocation expenses?
§ 302-2.102 Who must authorize and approve relocation expenses?
§ 302-2.103 How must we administer the authorization for relocation of an employee?
§ 302-2.104 What information must we provide on the TA?
§ 302-2.105 When an employee transfers between Federal agencies, who is responsible for paying the employee's relocation expenses?
§ 302-2.106 May we waive statutory or regulatory limitations relating to relocation allowances for employees relocating to/from remote or isolated locations?
Time Limits
§ 302-2.110 Are there time factors that we must consider for allowing an employee to complete all aspects of relocation?
Subpart A—General Rules
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§ 302-2.1 When may I begin my transfer or reassignment?
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§ 302-2.2 May I relocate to my new official duty station before I receive a written travel authorization (TA)?
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§ 302-2.3 What determines my entitlements and allowances for relocation?
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§ 302-2.4 What is my effective transfer or appointment date?
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§ 302-2.5 May I relocate from a location other than the location specified in my relocation travel authorization?
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§ 302-2.6 May I be reimbursed for relocation expenses if I relocate to a new official station that is less than 50 miles from my old official duty station?
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Time Limits
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§ 302-2.7 When may I begin my travel and transportation after receiving authorization to do so?
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§ 302-2.8 When must I complete all aspects my relocation?
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§ 302-2.9 If I am furloughed to perform active military duty, will I have to complete all aspects of the relocation within the time limitation?
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§ 302-2.10 Does the 2-year time period in §302–2.8 include time that I cannot travel and/or transport my household effects due to shipping restrictions to or from my post of duty OCONUS?
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§ 302-2.11 May the 2-year time limitation for completing all aspects of a relocation be extended?
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Service Agreements
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§ 302-2.12 What is a service agreement?
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§ 302-2.13 Am I required to sign a service agreement when transferring within or outside the continental United States or performing renewal agreement travel and what is the minimum period of service?
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§ 302-2.14 Will I be penalized for violation of my service agreement?
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§ 302-2.15 Must I provide my agency with my actual place of residence as soon as I accept a transfer/appointment OCONUS?
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§ 302-2.16 Must I sign a service agreement for a “last move home” relocation?
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§ 302-2.17 What happens if I fail to sign a service agreement?
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§ 302-2.18 Can my service agreement be voided by a subsequent service agreement?
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§ 302-2.19 If I have more than one service agreement, must I adhere to each agreement separately?
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Advancement of Funds
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§ 302-2.20 May I receive an advance of funds for my travel and transportation expenses?
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§ 302-2.21 What requirements must I meet to receive a travel advance?
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§ 302-2.22 May I receive a travel advance for separation relocation?
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Subpart B—Agency Responsibilities
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§ 302-2.100 What internal policies must we establish before authorizing a relocation allowance?
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§ 302-2.101 When may we authorize reimbursement for relocation expenses?
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§ 302-2.102 Who must authorize and approve relocation expenses?
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§ 302-2.103 How must we administer the authorization for relocation of an employee?
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§ 302-2.104 What information must we provide on the TA?
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§ 302-2.105 When an employee transfers between Federal agencies, who is responsible for paying the employee's relocation expenses?
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§ 302-2.106 May we waive statutory or regulatory limitations relating to relocation allowances for employees relocating to/from remote or isolated locations?
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Time Limits
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§ 302-2.110 Are there time factors that we must consider for allowing an employee to complete all aspects of relocation?
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