41 C.F.R. Subpart F—Agency Responsibilities
Title 41 - Public Contracts and Property Management
Note to subpart F: Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the agency. You must establish how you will implement policies that are required for this part, which include; (a) When you will pay relocation expenses if an employee violates his/her service agreement; (b) When you will authorize separate relocation allowances to an employee and an employee's immediate family member that are both transferring to the same official station; (c) When you will grant an employee and/or the employee's immediate family member(s) an extension on beginning separation travel; (d) When you will allow an employee to arrange his/her own relocation upon separation; (e) When you will authorize a temporary change of station (TCS); (f) When you will define an area not to reimburse for a TCS; (g) When you will pay extended storage of household goods for TCS; and (h) What relocation allowances you will and will not pay when an employee is permanently assigned to a temporary official station. Yes, you must establish specific guidelines for paying a relocation allowance to new appointees. These guidelines must establish the: (a) Criteria in accordance with 5 CFR part 572 on how you will determine if a new appointee is eligible for the relocation allowances authorized therein; and (b) Procedures which will provide new appointees with information surrounding his/her benefits. You should consider the following factors in determining whether to authorize a TCS: (a) Cost considerations. You should consider the cost of each alternative. A long-term temporary duty travel assignment requires the payment of either per diem or actual subsistence expenses for the entire period of the assignment. This could be very costly to the agency over an extended period. A TCS will require fairly substantial relocation allowance payments at the beginning and end of the assignment, and less substantial payments for extended storage and property management services, when authorized, during the period of the assignment. Agencies should estimate the total cost of each alternative and authorize the one that is most advantageous for the agency, cost and other factors considered; (b) Tax considerations. An employee who performs a temporary duty travel assignment exceeding one year at a single location is subject to income taxation of his/her travel expense reimbursements. The Income Tax Reimbursement Allowance (ITRA) allows for the reimbursement of Federal, State and local income taxes incurred as a result of an extended temporary duty assignment (see §§301–11.501 through 301–11.640 of this title). An employee who is authorized and performs a TCS also will be subject to income taxation of some, but not all, of his/her TCS expenses. You will pay an offsetting Relocation Income Tax (RIT) allowance on an employee's TCS expense reimbursements; and (c) Employee concerns. The long-term assignment of an employee away from his/her official station and immediate family may negatively affect the employee's morale and job performance. Such negative effects may be alleviated by authorizing a TCS so the employee can transport his/her immediate family and/or household goods at Government expense to the location where he/she will perform the long-term assignment. You should consider the effects of a long-term temporary duty travel assignment on an employee when deciding whether to authorize a TCS. Yes, you must require employees to sign a service agreement if the employee is receiving reimbursement for relocation travel expenses, except as provided in §302–3.410 for a temporary change of station. The service agreement should include, but not be limited to the following: (a) The employee's name; (b) The employee's effective date of transfer or appointment; (c) The employee's actual place of residence at the time of appointment; (d) The name of all dependents that are authorized to travel under the TA; (e) Detailed information regarding the employee's obligation to repay funds spent on his/her relocation as a debt due the Government if the service agreement is violated; (f) The employee's agreed period of time (see §302–3.505) to remain in service; and (g) The employee's signature accepting the terms of the agreement. You must require an employee to agree to the terms of a service agreement: (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) Renewal agreement travel for a period of not less than 12 months from the date of return to the same or different overseas duty station. If an employee does not fulfill the terms of the service agreement, the employee is indebted to the Government for all relocation expenses that have been reimbursed to the employee or that have been paid directly by the Government. However, if the reasons for not fulfilling the terms of the service agreement are beyond the employee's control and acceptable to the agency, you may release the employee from the service agreement and waive any indebtedness.
Title 41: Public Contracts and Property Management
PART 302–3—RELOCATION ALLOWANCE BY SPECIFIC TYPE
Subpart F—Agency Responsibilities
§ 302-3.500 What governing policies and procedures must we establish for paying a relocation allowance under this part 302–3?
§ 302-3.501 Must we establish any specific procedures for paying a relocation allowance to new appointees?
§ 302-3.502 What factors should we consider in determining whether to authorize a TCS for a long-term assignment?
Service Agreements
§ 302-3.503 Must we require employees to sign a service agreement?
§ 302-3.504 What information should we include in a service agreement?
§ 302-3.505 How long must we require an employee to agree to the terms of a service agreement?
§ 302-3.506 May we pay relocation expenses if the employee violates his/her service agreement?
New Appointees
§ 302-3.507 Once we authorize relocation expenses for new appointees or student trainees what expenses must we pay?
Once you authorize relocation expenses for new appointees or student trainees, you must pay expenses in accordance with §302–3.2.
§ 302-3.508 What relocation expenses are not authorized for new appointees or student trainees?
You must not pay any expenses to new appointees or student trainees for a relocation that are not listed under §302–3.2.
Overseas Assignment and Return
§ 302-3.509 What policies must we follow when appointing an employee to an overseas assignment?
When appointing an employee to an overseas assignment, you must:
(a) Establish the employee's actual place of residence at the time of appointment and state it in his/her service agreement;
(b) Use guidance in 8 U.S.C. 1101(33) which states that “The term residence means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent”, for establishing places of residence; and
(c) Require the employee to sign the service agreement prior to his/her relocation.
§ 302-3.510 When must we pay return travel for immediate family members?
You must pay transportation expenses for one-way return travel of immediate family members when the employee has successfully completed his/her service agreement period OCONUS.
§ 302-3.511 What must we consider when determining return travel for immediate family member(s) for compassionate reasons prior to completion of the service agreement?
You must determine that the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, which may involve:
(a) His/her physical or mental health;
(b) The death of a member of the immediate family;
(c) Obligations imposed by authority or circumstances over which the individual has no control;
(d) The divorce or annulment of the employee's marriage; or
(e) A dependent that traveled to post of duty on the employee's authorized TA and has now reached his/her 21st birthdate.
§ 302-3.512 How many times are we required to pay for an employee's return travel?
You must pay for return travel and transportation of an employee only once at the end of each agreed period of service.
Overseas Tour Renewal Travel
§ 302-3.513 May we allow a travel advance for tour renewal agreement travel?
No, you cannot allow a travel advance for tour renewal agreement travel.
§ 302-3.514 Under what conditions must we pay for tour renewal agreement travel?
You must pay tour renewal agreement travel when:
(a) The employee has completed the agreed upon period of service outside CONUS;
(b) The employee has agreed to serve another OCONUS tour of duty at the same or different duty station; and
(c) You have determined that the employee meets the special rules under §302–3.515 for Alaska or Hawaii.
§ 302-3.515 What special rules must we apply for reimbursement of tour renewal travel for employees stationed, assigned, appointed or transferred to/from Alaska or Hawaii?
The following rules apply:
(a) If on September 8, 1982 the employee was serving or committed to serve a tour of duty in Alaska or Hawaii then the employee shall continue to receive reimbursement for tour renewal agreement travel;
(b) After September 8, 1982 you must determine that tour renewal agreement travel expenses are necessary for the purposes of recruiting and retaining employees and you must inform employees in writing that tour renewal agreement travel for the purposes of recruiting and retention is limited to two round trips beginning within 5 years after the date the employee first begins any period of consecutive tours of duty.
SES Separation for Retirement
§ 302-3.516 What must we do before issuing payment for SES separation-relocation travel?
Before issuing payment for separation-relocation travel, you must establish timeframes for employees to submit request for authorization and approval of relocation expenses.
§ 302-3.517 May we issue travel advances for separation relocation?
No, travel advances for separation relocation may not be authorized.
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