Federal Travel Regulation (FTR); Relocation Allowances-Miscellaneous Expenses Allowance
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Issuing agencies
Abstract
The United States (U.S.) General Services Administration (GSA) is issuing a final rule amending the Federal Travel Regulation (FTR) to remove the relocation miscellaneous expenses allowance (MEA) lump sum amounts from the FTR. These lump sum amounts will be published in FTR Bulletins on an intermittent basis, much like what is done for per diem and mileage rates. The relocation MEA actual expense (as opposed to lump sum) amounts are unchanged and will remain in the FTR. This final rule also updates the types of expenses that may or may not be reimbursed by relocation MEA when employees itemize under actual expense. Additionally, this final rule updates and clarifies other relocation MEA regulatory sections and rearranges them into a more sequential order.
Full Text
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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3706-3710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00497]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 302-16
[FTR Case 2022-04 Docket No. GSA-FTR-2023-0017, Sequence No. 2]
RIN 3090-AK65
Federal Travel Regulation (FTR); Relocation Allowances--
Miscellaneous Expenses Allowance
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The United States (U.S.) General Services Administration (GSA)
is issuing a final rule amending the Federal Travel Regulation (FTR) to
remove the relocation miscellaneous expenses allowance (MEA) lump sum
amounts from the FTR. These lump sum amounts will be published in FTR
Bulletins on an intermittent basis, much like what is done for per diem
and mileage rates. The relocation MEA actual expense (as opposed to
lump sum) amounts are unchanged and will remain in the FTR. This final
rule also updates the types of expenses that may or may not be
reimbursed by relocation MEA when employees itemize under actual
expense. Additionally, this final rule updates and clarifies other
relocation MEA regulatory sections and rearranges them into a more
sequential order.
DATES: Effective January 15, 2025.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Rodney (Rick) Miller, Program Analyst, Office of Government-wide
Policy (OGP), at 202-501-3822 or <a href="/cdn-cgi/l/email-protection#90e4e2f1e6f5fce0fffcf9f3e9d0f7e3f1bef7ffe6"><span class="__cf_email__" data-cfemail="5c282e3d2a39302c3330353f251c3b2f3d723b332a">[email protected]</span></a>. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#4a0d190b182f2d192f290a2d392b642d253c"><span class="__cf_email__" data-cfemail="60273321320507330503200713014e070f16">[email protected]</span></a>. Please cite
FTR Case 2022-04.
SUPPLEMENTARY INFORMATION:
I. Background
GSA published a proposed rule at 89 FR 4268 on January 23, 2024,
which proposed FTR changes to relocation MEA. This rule finalizes those
proposed changes as summarized above, and as set forth in greater
detail below.
Pursuant to 5 United States Code (U.S.C.) 5738, the Administrator
of General Services is authorized to prescribe regulations necessary to
implement laws regarding Federal employees when assigned a temporary
change of station (TCS) or when otherwise transferred in the interest
of the Government. The overall implementing authority is the FTR,
codified in title 41 of the Code of Federal Regulations, chapters 300
through 304.
GSA's OGP continually reviews and adjusts policies and regulations
under its purview to address Government relocation needs and to
incorporate best practices, where appropriate, as a part of its ongoing
mission to provide policies for travel by Federal civilian employees
and others authorized to travel at Government expense.
Pursuant to 5 U.S.C. 5724a(f) and 5737(a)(6), an employee
transferred in the interest of the Government from one official station
to another, assigned to a TCS location, or who has completed a TCS
assignment and returned to their
[[Page 3707]]
previous official station is authorized a relocation MEA.
The purpose of the relocation MEA is to defray some of the costs
incurred due to relocating. The allowance is related to expenses that
are common to living quarters, such as fees for disconnecting and
connecting appliances; cutting and fitting rugs, draperies, and
curtains moved from one residence to another; utility fees or deposits
that are not offset by eventual refunds; forfeiture of medical, dental,
and other non-transferrable contracts; and the cost of changing
automobile registration(s) and driver's licenses.
The FTR provides that a relocation MEA may be paid using one of two
methods: lump sum or actual expense. Under the lump sum method, the
agency pays a lump sum amount without requiring employee documentation
of expenses. Under the current regulatory language, the lump sum
amounts are ``either $650 or the equivalent of one week's basic gross
pay, whichever is the lesser amount'' for an employee without immediate
family members relocating with them, and ``$1300 or the equivalent of
two weeks' basic gross pay, whichever is the lesser amount'' for an
employee with immediate family members relocating with them.
Under the actual expense method, the agency may authorize the
employee to claim actual costs depending on the type of expenses
incurred, in an amount in excess of the prescribed lump sum amount. The
employee justifies any actual expenses by itemizing with supporting
documentation. Reimbursement is limited to one or two weeks' basic
gross pay depending on whether or not the employee has immediate family
relocating with them, not to exceed the maximum rate payable for a
position at GS-13, Step 10, of the General Schedule (base) (see 5
U.S.C. 5332).
This final rule amends the FTR by removing the relocation MEA lump
sum amounts from the FTR and directing readers to an FTR bulletin with
the relocation MEA lump sum amounts. GSA will publish the initial FTR
bulletin with the relocation MEA lump sum amounts concurrent with the
final rule's effective date. Agencies are advised that the relocation
MEA lump sum amounts are expected to increase since they were last
updated in 2011. Moving forward, GSA will publish FTR bulletins to
update the relocation MEA lump sum amounts, as needed, based on changes
to the Consumer Price Index (CPI). The final rule also clarifies in the
regulatory text that ``basic gross pay'', as referenced in FTR part
302-16, does not include ``locality pay.'' See 5 U.S.C. 5302 and 5304.
This final rule also updates and clarifies the relocation MEA
sections in the FTR and rearranges them into a more sequential order,
to include replacing the table at FTR Sec. 302-16.2 with an updated
list of examples for which the relocation MEA may be authorized, and
updating the list of examples for which the relocation MEA may not be
authorized. It also removes the relocation MEA employee eligibility
table at FTR Sec. 302-16.3 and reformats it as an employee eligibility
listing.
II. Discussion of the Final Rule
A. Summary of Significant Changes
GSA has not made any significant changes to the regulatory language
from the proposed to final rule.
B. Analysis of Public Comments
GSA received one comment to the proposed rule suggesting that the
relocation MEA lump sum match the amounts listed in the Department of
State Standardized Regulations (DSSR) and urged that the relocation MEA
lump sum amounts remain in the FTR instead of being published in a
bulletin due to intra-agency distribution concerns. In response, GSA
notes that it will determine the lump sum amounts based on the Consumer
Price Index (CPI). While GSA expects its relocation MEA lump sum
amounts to be similar to the DSSR's, the CPI fluctuates. Accordingly,
the amounts to be determined by GSA in the present day may not exactly
match the DSSR amounts since those were last updated in 2019. In
response to the commenter's distribution concerns, publication of the
relocation MEA lump sum in an FTR Bulletin affords GSA the flexibility
to update the relocation MEA lump sum as needed to more fairly
compensate travelers in line with the CPI. If GSA were to continue
publishing the amounts in the FTR, such numbers can only be updated via
a regulatory amendment, by which time, it may not accurately reflect
the current CPI. Also, a bulletin takes less time and administrative
effort to publish than a rule. Finally, note 1 to Sec. 302-16.6
includes a direct link to GSA's FTR Bulletins for ease of distribution,
in addition to the fact that notices of FTR Bulletins are published in
the Federal Register and include a link to the Bulletin. GSA's OGP also
emails all Federal agencies' travel and relocation operations and
policy program managers to inform them of all FTR rules and bulletins
when they are published, and recommends that such information be shared
with relevant offices within their agency. GSA's OGP also briefs FTR
changes to agency Senior Travel Official Council (STOC) members at
regular intervals. Therefore, GSA will not change the final rule based
on this comment.
C. Expected Cost Impact to the Public
This rule does not result in cost impacts to the public. However,
the changes may result in a slight increase in cost to the Federal
Government as the relocation MEA lump sum amounts are expected to
increase. Specifically, GSA will publish an FTR bulletin containing the
relocation MEA lump sum amounts for an employee relocating without
immediate family members and for an employee relocating with immediate
family members. As detailed in the proposed rule, GSA expects the
average relocation MEA lump sum amount across Federal agencies to
increase to $1,125, for an estimated total increase of $312,973 per
year agencywide (for those agencies subject to the FTR).\1\
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\1\ GSA used data from the GSA's Business Travel and Relocation
Dashboard for each agency to determine what was the average cost per
MEA from FY18-FY22, and what the additional cost would be given the
MEA increase of $650 to $750 for single employees and $1,300 to
$1,500 for employees with families. GSA calculated the difference
between the average MEA cost against $1,125 IF the average MEA cost
was less than $1,125. This is because if the MEA cost is greater
than the new MEA amount, then the employee would be more likely to
do actual expense and there wouldn't be an additional cost to the
MEA increase because the employee would be more likely to do actual
expense rather than the old MEA amount as well. As a result, only 4
agencies had an average MEA cost lower than the average of the new
MEAs. GSA multiplied the difference for those 4 agencies against the
number of MEAs for those 4 agencies and summed it up to $312K.
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III. Executive Orders 12866, 13563, and 14904
Executive Order (E.O.) 12866 (Regulatory Planning and Review)
directs agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). E.O. 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing Regulatory Review) amends section
3(f) of E.O. 12866 and supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in E.O. 12866 and E.O. 13563. The Office of Management
[[Page 3708]]
and Budget's Office of Information and Regulatory Affairs (OIRA)
determined that the proposed rule was a significant regulatory action;
however, after further discussion between GSA and OIRA, OIRA has
determined that this final rule is not a significant regulatory action,
and therefore, it is not subject to review under section 6(b) of E.O.
12866.
IV. Congressional Review Act
OIRA has determined that this rule is not a ``major rule'' under 5
U.S.C. 804(2). Title II, Subtitle E of the Small Business Regulatory
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also
known as the Congressional Review Act or CRA, generally provides that
before a rule may take effect, unless excepted, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This rule is excepted from CRA reporting requirements
prescribed under 5 U.S.C. 801 as it relates to agency management or
personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This final rule is
also exempt from the Administrative Procedure Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management or personnel.
Therefore, an Initial Regulatory Flexibility Analysis was not
performed.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FTR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 302-16
Government employees, Relocation, Travel and transportation
expenses.
Robin Carnahan,
Administrator of General Services.
For reasons set forth in the preamble, GSA revises 41 CFR part 302-
16 to read as follows:
PART 302-16--ALLOWANCE FOR MISCELLANEOUS EXPENSES
Sec.
302-16.0 In general.
Subpart A--General Rules
302-16.1 What is the purpose of the miscellaneous expenses allowance
(MEA)?
302-16.2 Who is and who is not eligible for a MEA?
302-16.3 Must my agency authorize payment of a MEA?
302-16.4 How will I receive the MEA?
302-16.5 May I receive an advance of funds for MEA?
302-16.6 What amount may my agency reimburse me for miscellaneous
expenses?
302-16.7 May I claim an amount in excess of that prescribed in this
part?
302-16.8 What are examples of types of costs covered by the MEA?
302-16.9 What are examples of types of costs not covered by the MEA?
302-16.10 What standard of care must I use in incurring
miscellaneous expenses?
Subpart B--Agency Responsibilities
302-16.100 What governing policies must we establish for MEA?
302-16.101 How should we administer the authorization and payment of
miscellaneous expenses?
302-16.102 Are there any restrictions to the types of costs we may
cover?
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-16.0 In general.
(a) Use of pronouns ``I'', ``you'', and their variants throughout
subpart A of this part refers to the employee, unless otherwise noted.
(b) Use of pronouns ``we'', ``you'', and their variants throughout
subpart B of this part refers to the agency.
Subpart A--General Rules
Sec. 302-16.1 What is the purpose of the miscellaneous expenses
allowance (MEA)?
The miscellaneous expenses allowance (MEA) is intended to help
defray various costs incurred due to relocation, assignment to a
temporary official station (TCS), and return to the previous official
station upon completion of a TCS assignment.
Sec. 302-16.2 Who is and who is not eligible for a MEA?
(a) You are eligible for a MEA if:
(1) Your agency authorized or approved a transfer or a TCS;
(2) You discontinued and established a residence in connection with
your transfer or TCS;
(3) You meet the applicable eligibility conditions in part 302-1 of
this chapter; and
(4) You signed a required service agreement in part 302-2 of this
chapter, if transferred.
(b) You are not eligible for a MEA if you are:
(1) A new appointee;
(2) A Senior Executive Service (SES) employee authorized ``last
move home'' benefits upon separation from Government service;
(3) Assigned under the Government Employees Training Act (5 U.S.C.
4109);
(4) Returning from an Outside the Continental United States
(OCONUS) official station to place of actual residence for separation
from Government service; or
(5) Returning from an OCONUS official station to a new CONUS
official station if relocation expenses have not been authorized to the
new CONUS official station.
Sec. 302-16.3 Must my agency authorize payment of a MEA?
Yes, if you meet the applicable eligibility conditions in Sec.
302-16.2, your agency must authorize payment of a MEA.
Sec. 302-16.4 How will I receive the MEA?
You will be reimbursed your MEA in accordance with your agency's
internal relocation policy.
Sec. 302-16.5 May I receive an advance of funds for MEA?
No, your agency may not authorize an advance of funds for MEA. MEA
may be paid after you have transferred to the new official station,
upon assignment to your TCS, or upon completion of your TCS and return
to your previous official station, as applicable.
Sec. 302-16.6 What amount may my agency reimburse me for
miscellaneous expenses?
The following amounts will be paid for miscellaneous expenses
without support or documentation of expenses:
(a) Either a lump sum amount set in a Federal Travel Regulation
(FTR) bulletin or the equivalent of one week's basic gross pay,
whichever is the lesser amount, if you have no immediate family
relocating with you; or
(b) Either a lump sum amount set in an FTR bulletin or the
equivalent of two weeks' basic gross pay, whichever is the lesser
amount, if you have immediate family relocating with you.
Note 1 to Sec. 302-16.6: GSA publishes the lump sum amounts in
an FTR bulletin on an intermittent basis at <a href="https://gsa.gov/ftrbulletins">https://gsa.gov/ftrbulletins</a>.
Sec. 302-16.7 May I claim an amount in excess of that prescribed in
this part?
Yes, you may claim an amount in excess of that prescribed in Sec.
302-16.6 if authorized by your agency; and
(a) Supported by acceptable statements of fact, paid bills or other
acceptable evidence (documentation) justifying the amounts claimed; and
[[Page 3709]]
(b) The aggregate amount does not exceed your basic gross pay (at
the time you reported for duty, at your new official station) for:
(1) One week if you are relocating without immediate family; or
(2) Two weeks if you are relocating with immediate family.
(c) The amount authorized cannot exceed the maximum rate of grade
GS-13, Step 10 General Schedule (base) salary (excluding locality pay)
(see 5 U.S.C. 5332) at the time you reported for duty at your new
official station.
Sec. 302-16.8 What are examples of types of costs covered by the MEA?
Miscellaneous expenses are costs associated with relocating that
are not covered by other relocation benefits detailed in this chapter.
Expenses allowable include but are not limited to the following, and
similar, items:
(a) Fees for disconnecting and connecting utilities (such as gas,
water, electricity), appliances, equipment (such as a security system
or electric vehicle charging station), or conversion of appliances for
operation on available utilities;
(b) Fees for cutting and fitting rugs, draperies, and curtains when
they are moved from one residence to another;
(c) Deposits or fees for utilities not offset by eventual refunds;
(d) Losses that cannot be recovered by transfer or refund and are
incurred due to early termination of a contract (e.g., medical, dental,
private institutional care for immediate family members with
disabilities, nonrefundable education enrollment fee, real estate
expenses connected with the cancellation of a contract when a new
transfer prevented the employee from completing a purchase of a
residence);
(e) Automobile registration, driver's license, and use taxes
imposed when initially bringing privately-owned vehicles (POVs) into
certain jurisdictions;
(f) Reinstalling or removing automobile parts upon vehicle reentry
into the United States or entry into a foreign country, when removal or
installation of those automobile parts was required by host country
law;
(g) Post office box rental fee when rented to provide a constant
mailing address between the time an employee departs the old residence
and occupies a residence at the new official station;
(h) Rental agent fees customarily charged for securing housing in
foreign countries;
(i) Reassembly, set up, and tuning of a piano moved for relocation;
(j) Pet care (for cats and dogs only), child care, or adult care
for dependent parents or other adult dependents incapable of self-care
at home while the employee or spouse are away on a househunting trip,
or are packing or unpacking;
(k) Rental car fees while awaiting a delayed POV shipment to or
from OCONUS if the transportation service provider (TSP) has not
arranged for the employee's use of a rental car at TSP expense.
Reimbursement may be authorized starting after the shipping company
designated delivery date, shall not exceed 10 days, and does not
include the days after the POV is delivered or a new POV is purchased
at location. The rental car for the employee and immediate family
members must be the same or comparable size or model as the POV the
employee shipped;
(l) Transportation and quarantine of pets (cats and dogs only).
Costs normally associated with the transportation, quarantine fees, and
handling of dogs and cats. This includes pet-related costs due to air
carrier rules or imposed by the law of the jurisdiction of the
employee's new residence as an integral part of the process of
admissions and licensing;
(m) Professional relicensing fees required by the new official
station that are directly related to the employee's occupation, such as
fees required to take the bar exam or teaching certification; and
professional relicensing fees or business costs (including exam,
continuing education courses, business license, permit, and
registration fees) that are directly related to the immediate family
member's occupation, when the immediate family member was licensed or
certified in a profession, or owned a business, at the employee's
previous official station and is required to secure or maintain a new
professional license or certification, or business license or permit,
to engage in that profession in a new jurisdiction because of unique
licensing or certification requirements and authorities; or
(n) Specialized shipment of hazardous materials, such as lithium
batteries, when Federal, state, local, and foreign country laws or
carrier regulations prohibit commercial shipment of certain articles
not included as part of household goods, which cannot be otherwise
transported to the new official station because of shipping and
transportation restrictions.
Sec. 302-16.9 What are examples of types of costs not covered by the
MEA?
Examples of costs that are not reimbursable from the MEA are:
(a) Losses in selling or buying real and personal property and
costs related to such transactions;
(b) Cost of additional insurance on household goods while in
transit to the new official station or cost of loss or damage to such
property;
(c) Additional costs of moving household goods caused by exceeding
the maximum weight limitation;
(d) Costs of newly acquired items, such as the purchase or
installation cost of new rugs or draperies;
(e) Higher income, real estate, sales, or other taxes as the result
of establishing residence in the new locality;
(f) Fines imposed for traffic infractions while en route to the new
official station locality;
(g) Accident insurance premiums or liability costs incurred in
connection with travel to the new official station locality, or any
other liability imposed upon the employee for uninsured damages caused
by accidents for which the employee or their immediate family is held
responsible;
(h) Losses as the result of sale or disposal of items of personal
property (such as lithium batteries, gasoline, and natural gas) not
considered convenient or practicable to move;
(i) Damage or loss of clothing, luggage, or other personal effects
while traveling to the new official station locality;
(j) Subsistence, transportation, or mileage expenses in excess of
the amounts reimbursed as per diem or other allowances under this
subtitle;
(k) Medical expenses due to illness or injuries while en route to
the new official station or while living in temporary quarters at
Government expense under the provisions of this chapter;
(l) Costs incurred in conjunction with structural alterations (such
as remodeling or modernizing of living quarters, garages or other
buildings to accommodate privately-owned automobiles, appliances or
equipment [e.g., a security system or electric vehicle charging
station]); or replacing or repairing worn-out or defective appliances,
or equipment shipped to the new location;
(m) Costs incurred in connection with preparing a residence for
sale or purchase (e.g., maintenance, repairs, cleaning);
(n) Delivery charges or costs associated with newly-acquired items
(such as appliances, security systems, locksmith service, or new
vehicle) at the new official station for reasons of personal taste or
preference and not required because of the relocation;
(o) Costs unrelated to the quarantine, transportation, and handling
of pets. Additional costs for lodging for a second room or boarding
fees, micro-chipping, veterinary expenses (e.g., inoculations,
[[Page 3710]]
examinations, medical care and certification fees), routine care and
grooming of pets, and purchases of crates and tags for the pets.
Expenses for other animals (horses, fish, birds, reptiles, rodents,
etc.) are not authorized because of their size, exotic nature,
restrictions on shipping, host country restrictions, and special
handling difficulties; or
(p) Costs related to obtaining a visa, passport, immigration green
card, birth certificate or other acceptable evidence of birth when
required for official travel to foreign locations; charges for
immunization, inoculations, other disease-preventative medical
prophylaxis, including disease testing, that are required for official
travel if not obtained through the agency. The expenses in this
paragraph (p) may be reimbursable as part of the employee's relocation
en route travel miscellaneous expenses as specified in 41 CFR 301-12.1.
Sec. 302-16.10 What standard of care must I use in incurring
miscellaneous expenses?
You must exercise the same care in incurring expenses that a
prudent person would exercise if relocating at personal expense.
Subpart B--Agency Responsibilities
Sec. 302-16.100 What governing policies must we establish for MEA?
For MEAs, you must establish policies and procedures governing:
(a) Who will determine whether payment for an amount in excess of
the lump sum MEA is appropriate; and
(b) How you will pay a MEA in accordance with Sec. Sec. 302-16.2
and 302-16.3.
Sec. 302-16.101 How should we administer the authorization and
payment of miscellaneous expenses?
You should limit payment of miscellaneous expenses to only those
expenses that are necessary.
Sec. 302-16.102 Are there any restrictions to the types of costs we
may cover?
Yes, a MEA cannot be used to reimburse:
(a) Costs or expenses incurred which exceed maximums provided by
statute or in this subtitle;
(b) Costs or expenses incurred but which are disallowed elsewhere
in this subtitle;
(c) Costs reimbursed under other provisions of law or regulations;
(d) Costs or expenses incurred for reasons of personal taste or
preference and not required because of the move;
(e) Losses covered by insurance;
(f) Fines or other penalties imposed upon the employee or members
of their immediate family;
(g) Judgments, court costs, and similar expenses growing out of
civil actions; or
(h) Any other expenses brought about by circumstances, factors, or
actions in which the move to a new official station was not the
proximate cause.
[FR Doc. 2025-00497 Filed 1-14-25; 8:45 am]
BILLING CODE 6820-14-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.