Subpart C-Employee's Temporary 302-1.200 What is a "temporary change of station (TCS)"? 302-1.201 What is the purpose of a TCS? 302-1.202 Am I eligible for a TCS? 302-1.203 Who is not eligible for a TCS? 302-1.204 Must my agency authorize a TCS when I am directed to perform a longterm assignment at a temporary official station? 302-1.205 Under what circumstances will my agency authorize a TCS? 302-1.206 If my agency authorizes a TCS, do I have the option of electing payment of temporary duty travel allowances instead? 302-1.207 How long must my assignment be for me to qualify for a TCS? 302-1.208 What is the effect on my TCS reimbursement if my assignment lasts less than 6 months? 302-1.209 What is the effect on my TCS reimbursement if my assignment lasts more than 30 months? 302-1.210 Is there any required minimum distance between an official station and a long-term assignment location that must be met for me to qualify for a TCS? 302-1.211 Must I sign a service agreement to qualify for a TCS? 302-1.212 What is my official station during my long-term assignment? EXPENSES PAID UPON ASSIGNMENT 302-1.213 What expenses must my agency pay for a TCS upon my assignment? 302-1.214 What expenses may my agency pay for a TCS upon my assignment? EXPENSES PAID DURING ASSIGNMENT 302-1.215 If my agency authorizes a TCS, will it pay for nontemporary storage of my household goods? 302-1.216 How long may my agency pay for nontemporary storage of my household goods? 302-1.217 Is there any limitation on the combined weight of household goods I may transport or nontemporarily store at Government expense? 302-1.218 What are the income tax consequences if my agency pays for nontemporary storage of my household goods? 302-1.219 Will my agency pay for property management services when I am authorized a TCS? 302-1.220 What is the property for which my agency will pay for property management services? 302-1.221 How long will my agency pay for property management services? 302-1.222 What are the income tax consequences when my agency pays for property management services? EXPENSES PAID UPON COMPLETION OF ASSIGNMENT OR UPON SEPARATION FROM GOVERNMENT SERVICE 302-1.223 What expenses will my agency pay when I complete my long-term assignment? 302-1.224 If I separate from Government service upon completion of my long-term assignment, what relocation expenses will my agency pay upon my separation? 302-1.225 If I separate from Government service prior to completion of my longterm assignment, what relocation expenses will my agency pay upon my separation? 302-1.226 If I have been authorized successive temporary changes of station and reassigned from one temporary official station to another, what expenses will my agency pay upon completion of my last assignment or my separation from Government service? PERMANENT ASSIGNMENT TO TEMPORARY 302-1.227 How is payment of my TCS expenses affected if I am permanently assigned to my temporary official station? 302-1.228 What relocation allowances may my agency pay when I am permanently assigned to my temporary official station? 302-1.229 If I am permanently assigned to my temporary official station, is there any limitation on the weight of household goods I may transport at Government expense to my official station? 302-1.230 Are there any relocation allowances my agency may not pay if I am permanently assigned to my temporary official station? Subpart D-Agency Responsibilities for Temporary Change of Station 302-1.300 How should we administer our TCS program? 302-1.301 What governing policies must we establish for our TCS program? 302-1.302 What factors should we consider in determining whether to authorize a TCS for a long-term assignment? AUTHORITY: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 13474, 3 CFR, 1971-1975 Comp., p. 586. SOURCE: 54 FR 20306, May 10, 1989, unless otherwise noted. Subpart A-New Appointees and Transferred Employees §302-1.1 Authority. This chapter is issued pursuant to 5 U.S.C. 5721-5734 and 20 U.S.C. 905(a). [54 FR 20306, May 10, 1989, as amended by FTR Amdt. 26, 57 FR 28635, June 26, 1992] §302-1.2 Applicability. (a) Persons covered. Except as otherwise provided in this chapter, the following persons are covered: (1) Civilian officers and employees upon transfer from one official station or agency to another for permanent duty. (2) Civilian officers and employees of the United States Postal Service transferred under 39 U.S.C. 1006 from the Postal Service to an agency as defined in 5 U.S.C. 5721 for permanent duty. (3) Civilian officers and employees assigned to posts of duty outside the con tinental United States in connection with overseas tour renewal agreement travel and upon return to places of residence for the purpose of separation. (4) New appointees to any position. (5) Student trainees assigned upon completion of college work to any position. (6) Department of Defense overseas dependents school system teachers. (7) Career appointees to the Senior Executive Service (SES), and prior SES appointees who have elected to retain SES retirement benefits, upon their retirement and return to the place the individual has elected to reside. (b) Persons excluded. This chapter shall not apply to: (1) Officers and employees transferred in accordance with the provisions of the Foreign Service Act of 1980, as amended. (2) Officers and employees transferred in accordance with the provisions of the Central Intelligence Agency Act of 1949, as amended. (3) Persons whose pay and allowances are prescribed under title 37, United States Code, "Pay and Allowances of the Uniformed Services." (4) Personnel of the Veterans Administration to whom the provisions of 38 U.S.C. 235 apply. [54 FR 20306, May 10, 1989, as amended by FTR Amdt. 17, 56 FR 23656, May 23, 1991; FTR Amdt. 26, 57 FR 28635, June 26, 1992; FTR Amdt. 37, 59 FR 27488, May 27, 1994] §302-1.3 General provisions. (a) Travel covered (1) Mandatory coverage. When change of official station or other action described in this paragraph is authorized or approved by such official or officials as the head of the agency may designate, travel and transportation expenses and applicable allowances as provided in this chapter (see applicability and exclusions in pertinent parts) shall be paid in the case of: (i) An employee transferring from one official duty station to another for permanent duty, provided the transfer is in the interest of the Government and is not primarily for the convenience or benefit of the employee or at his/her request; the transfer is to a new official station which is at least 10 miles distant from the old official station; and, in the case of a relatively short distance relocation, a determination of eligibility is made under §3021.7(a) of this part; (ii) Eligible employees outside the continental United States traveling in connection with overseas tour renewal agreement travel; (iii) Eligible employees returning from posts of duty outside the continental United States to places of actual residence for separation as provided in § 302-1.12 of this part; and (iv) Eligible individuals, as defined in § 302-1.101 of this chapter, qualifying for "last move home" benefits upon separation from Government service as provided in subpart B of this part. (2) Discretionary coverage. The head of an agency, or his/her designee, may authorize the payment of travel and transportation expenses and applicable allowances in the case of: (i) A new appointee, as defined in § 302-1.4(d), relocating from his/her place of actual residence at the time of appointment (or at the time following the most recent Presidential election, but before selection or appointment, in the case of an individual who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) and who is appointed in the same fiscal year as the Presidential inauguration that immediately follows his/her transition activities) for permanent duty to an official station; and (ii) An employee authorized a temporary change of station under subpart C of this part in connection with the employee s long-term assignment to a temporary official station. (b) Reasonable advance notice of reassignment or transfer. As provided in 5 U.S.C. 5724(j), "the reassignment or transfer of any employee, for permanent duty, from one official station or agency to another which is outside the employee's commuting area shall take effect only after the employee has been given advance notice for a reasonable period. Emergency circumstances shall be taken into account in determining whether the period of advance notice is reasonable." Agencies shall give as much advance notice as possible to enable the employee to begin the ar rangements necessary when relocating family and residence. However, see §302-1.7 governing payment of travel and transportation expenses and applicable allowances when short distances are involved. A reasonable period of advance notice should not be less than 30 days except when: (1) The employee and both the losing and gaining agencies agree on a lesser period; (2) Other statutory authority and implementing regulations stipulate a lesser period (see Office of Personnel Management regulations for specified timeframes); or (3) Emergency circumstances prevail. (c) Travel authorization. When it is determined that a relocation will be authorized at Government expense, a written travel authorization shall be issued to the new appointee or employee before he/she reports to the first or new official station. The agency should advise the employee, or individual selected for appointment, not to incur relocation expenses in anticipation of a relocation until he/she has received written notification. The travel authorization shall indicate the specific allowances which are authorized as provided in this chapter and provide instructions on the Federal procedures for procurement of travel and transportation services. The guidelines in §3011.102 of this title on issuance of travel authorizations shall be followed. See also §302-1.10(c) for procedural requirements applicable to new appointees. (d) Applicable provisions for reimbursement purposes. Because of successive changes to the statutes and the regulatory provisions governing relocation allowances and the extended period of time that employees retain eligibility for certain allowances (see §§ 302-1.6 and 302-6.1(e)), the reimbursement maximums or limitations applicable to certain allowances will not be the same for all employees even though claims may be filed within the same timeframe. The regulatory provisions in effect on the employee's or new appointee's effective date of transfer or appointment (see §302-1.4(1)) shall be 190-163 D-00--5 used for payment or reimbursement purposes. [54 FR 20306, May 10, 1989, as amended by FTR Amdt. 9, 55 FR 10778, Mar. 23, 1990; FTR Amdt. 17, 56 FR 23656, May 23, 1991; 56 FR 28589, June 21, 1991; 56 FR 40946, Aug. 16, 1991; FTR Amdt. 26, 57 FR 28634, 28635, June 26, 1992; FTR Amdt. 32, 58 FR 58243, Oct. 29, 1993; FTR Amdt. 64, 62 FR 13771, Mar. 21, 1997] 8302-1.4 Definitions. As used in this chapter, and unless otherwise specifically provided in this chapter, the following definitions apply: (a) Continental United States. Continental United States (or CONUS) means the 48 contiguous States and the District of Columbia. (b) United States. United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the territories and possessions of the United States, and the areas and installations in the Republic of Panama that are made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979). (c) Employee. A civilian officer or employee of an agency as defined in paragraph (e) of this section. The term also includes new appointees as defined in paragraph (d) of this section. (d) New appointee. New appointee includes any person newly appointed to Government service, including an individual who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) and who is appointed in the same fiscal year as the Presidential inauguration that immediately follows his/her transition activities. New appointee also includes an individual appointed after a break in service except that an employee separated as a result of reduction in force or transfer of function may be treated as a transferee instead of a new appointee under the conditions set out in §302-1.9. In addition, for purposes of chapters 301-304 of this title, the term new appointee includes a student trainee who is assigned upon completion of college work. (e) Agency. For purposes of this chapter, agency means: (1) An Executive agency as defined in 5 U.S.C. 105 (an executive department, an independent establishment, the General Accounting Office, or a wholly owned Government corporation as defined in section 101 of the Government Corporation Control Act, as amended, but excluding a Government controlled corporation); (2) A military department; (3) A court of the United States; (4) The Administrative Office of the United States Courts; (5) The Federal Judicial Center; (7) The United States Botanic Garden; (8) The Government Printing Office; and (9) The District of Columbia. (f) Immediate family. (1) Any of the following named members of the employee's household at the time he/she reports for duty at the new permanent duty station or performs authorized or approved overseas tour renewal agreement travel or separation travel: (i) Spouse; (ii) Children of the employee or employee's spouse who are unmarried and under 21 years of age or who, regardless of age, are physically or mentally incapable of self-support. (The term "children" shall include natural offspring; stepchildren; adopted children; grandchildren, legal minor wards, or other dependent children who are under legal guardianship of the employee or employee's spouse; and a child born after the employee's effective date of transfer when the travel of the employee's expectant spouse to the new official station is prevented at the time of the transfer because of advanced stage of pregnancy, or other reasons acceptable to the agency concerned, e.g., awaiting completion of the school year by other children.); (iii) Dependent parents (including step- and legally adoptive parents) of the employee or employee's spouse (see paragraph (f)(2) of this section for dependent status criteria); and (iv) Dependent brothers and sisters (including step- and legally adoptive brothers and sisters) of the employee |