Federal travel: Payment of expenses in connection with death of employees or immediate family members,
[Federal Register: August 27, 1998 (Volume 63, Number 166)]
[Proposed Rules]
[Page 45781-45784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au98-47]
GENERAL SERVICES ADMINISTRATION
41 CFR Chapters 300 and 303
[FTR Amendment____--1998 Edition]
RIN 3090-AG76
Federal Travel Regulation, General and Payment of Expenses Connected With the Death of Certain Employees
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Proposed rule.
SUMMARY: This proposed rule amends the Federal Travel Regulation (FTR) provisions pertaining to which employees are subject to the FTR rules governing payment of expenses in connection with death of employees or
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their immediate family members. This proposed rule sets forth the allowable expenses authorized by 5 U.S.C. 5742 for the preparation and transportation of the remains of a deceased employee, and for the transportation of the immediate family and household goods of a deceased employee, and for the transportation of the remains of a member of the employee's immediate family who dies while residing with the employee outside the continental United States or in transit thereto or therefrom.
DATES: Comments must be received on or before October 26, 1998.
ADDRESSES: Send comments to the General Services Administration, Office of Governmentwide Policy, Office of Transportation and Personal Property, Travel and Transportation Management Policy Division (MTT), 1800 F Street, NW, Washington, DC 20405-0001. Telefax: 202-501-0349. E- mail: sandra.batton@gsa.gov.
FOR FURTHER INFORMATION CONTACT: Technical Information: Sandra Batton, telephone (202) 208-7642. FTR ``plain language'' format: Internet General Services Administration (GSA), ftrtravel.chat@gsa.gov.
SUPPLEMENTARY INFORMATION: There are significant changes in this proposed rule regarding payment of expenses in connection with the death of employees and their immediate family members. This proposed rule amends FTR parts 300-2 and 300-3 to incorporate FTR chapter 303 changes and implements the Administrator of General Services' authority under 5 U.S.C. 5721-5738 and 5741-5742 to require agencies to pay certain expenses in connection with the death of an employee and/or his/her immediate family member.
This amendment is written in the ``plain language'' style of regulation writing as a continuation of GSA's effort to make the FTR easier to understand and use. The ``plain language'' style of regulation writing is a new, simpler to read and understand, question and answer regulatory format. Questions are in the first person, and answers are in the second person. Use of the pronouns ``we'', ``you'', and their variants throughout these chapters refer to the agency.
What Are the Significant Changes Proposed?
There are significant changes in the proposed rule as compared to the provisions for payment of death-related expenses currently contained in Chapter 303. The proposed rule:
(a) Removes the $250 limit for preparation and transportation of remains to allow payment of actual costs;
(b) Removes restrictions concerning the return of baggage;
(c) Allows payment or continued payment of relocation expenses of employee's immediate family when the employee dies before completion of relocation; and
(d) Requires mandatory payment of allowable death-related expenses.
GSA has determined that this proposed rule is not a significant regulatory action for the purposes of E.O. 12866 of September 30, 1993. This proposed rule is not required to be published in the Federal Register for notice and comment; therefore, the Regulatory Flexibility Act does not apply. The Paperwork Reduction Act does not apply, because the proposed revisions do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget under 44 U.S.C. 501 et seq. This proposed rule is also exempt from Congressional review prescribed under 5 U.S.C. 801, since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Chapters 300 and 303
Government employees, Travel and transportation expenses.
For the reasons set forth in the preamble, it is proposed that 41 CFR Chapter 300 be amended to read as follows:
PART 300-2--HOW TO USE THE FTR
-
The authority citation for 41 CFR part 300-2 continues to read as follows:
Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 49 U.S.C. 40118; E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586.
-
Section 300-2.22 is amended by revising the table to read as follows:
Sec. 300-2.22 Who is subject to the FTR?
* * * * *
The employee provisions
For
are contained in And the agency provisions are contained in
Chapter 301............................ Subchapters A, B, and C.. Subchapter D.
Chapter 303............................ N/A...................... Subparts A, B, C, D, E and F.
PART 300-3--GLOSSARY OF TERMS
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Section 300-3.1 is amended by adding in alphabetical order the term ``Mandatory mobility agreement'' to read as follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Mandatory mobility agreement--Agreement used for civilian mobility programs for enhancing career development and progression and/or achieving mission effectiveness. * * * * *
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41 CFR chapter 303 is amended by removing parts 303-1 and 303-2; and by adding new part 303-70 to read as follows:
CHAPTER 303--PAYMENT OF EXPENSES CONNECTED WITH THE DEATH OF CERTAIN EMPLOYEES
PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED WITH THE DEATH OF CERTAIN EMPLOYEES
Subpart A--General Policies
Sec. 303-70.1 When must we authorize payment of expenses related to an employee's death? 303-70.2 Must we pay death-related expenses when the employee's death is not work-related? 303-70.3 Must we pay death-related expenses for an employee who dies while on leave or on a nonworkday while on TDY or stationed outside CONUS? 303-70.4 May we pay death-related expenses under this chapter if the same expenses are payable under other laws of the United States?
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Subpart B--General Procedures
303-70.100 May we pay the travel expenses of an escort for the remains of the decedent? 303-70.101 Must we provide assistance in arranging for preparation and transportation of employee remains?
Subpart C--Allowances for Preparation and Transportation of Remains
303-70.200 What costs must we pay for preparation and transportation of remains?
Subpart D--Transportation of Family Members, Baggage, and Household Goods
303-70.300 Must we pay transportation costs to return the deceased employee's baggage? 303-70.301 Are there any limitations on the baggage we may transport? 303-70.302 When the employee dies at or while in transit to or from his/her official station outside CONUS, must we return the employee's immediate family, baggage and household goods to the actual residence or alternate destination? 303-70.303 Must we continue payment of relocation expenses for an employee's immediate family if the employee dies while in transit to his/her new duty station within CONUS? 303-70.304 Must we continue payment of relocation expenses for an employee's immediate family if the employee dies after reporting to the new duty station within CONUS, but the family was in transit to the new duty station or had not begun his/her en-route travel? 303-70.305 What relocation expenses must we authorize for the immediate family under Secs. 303-70.303 and 303-70.304?
Subpart E--Preparation and Transportation Expenses for Remains of Immediate Family Members
303-70.400 When an immediate family member, residing with the employee, dies while the employee is stationed outside CONUS, must we furnish mortuary services? 303-70.401 When an immediate family member, residing with the employee, dies while the employee is stationed outside CONUS, must we pay expenses to transport the remains? 303-70.402 When an immediate family member, residing with the employee, dies while the employee is stationed outside CONUS, may we pay burial expenses? 303-70.403 When a family member, residing with the employee, dies while in transit to the employee's duty station outside CONUS must we furnish mortuary services, and/or transportation of remains?
Subpart F--Policies and Procedures for Payment of Expenses
303-70.500 Are receipts required for claims for reimbursement? 303-70.501 To whom should we make payment?
Authority: 5 U.S.C. 5721-5738; 5741-5742; E.O. 11609, 3 CFR, 1971-1975 Comp., p. 586.
Subpart A--General Policies
Note to Subpart A: When an employee dies while performing, or from injuries resulting from performance of, official duty, death- related expenses are payable under the Federal Employees' Compensation Act (FECA), 5 U.S.C. 8134. For further information contact the Department of Labor, Federal Employees' Compensation Division, 200 Constitution Avenue, NW, Washington, DC 20210.
Sec. 303-70.1 When must we authorize payment of expenses related to an employee's death?
When, at the time of death, the employee was:
(a) On official travel; or
(b) Performing official duties outside CONUS; or
(c) Absent from duty as provided in Sec. 303-70.3; or
(d) Assigned away from his/her home of record under a mandatory mobility agreement.
Sec. 303-70.2 Must we pay death-related expenses when the employee's death is not work-related?
Yes, provided the requirements in Sec. 303-70.1 are met.
Sec. 303-70.3 Must we pay death-related expenses for an employee who dies while on leave or on a nonworkday while on TDY or stationed outside CONUS?
Yes. However, payment cannot exceed the amount allowed if death had occurred at the temporary duty station or at the official station outside CONUS.
Sec. 303-70.4 May we pay death-related expenses under this chapter if the same expenses are payable under other laws of the United States?
No.
Subpart B--General Procedures
Sec. 303-70.100 May we pay the travel expenses of an escort for the remains of the decedent?
No.
Sec. 303-70.101 Must we provide assistance in arranging for preparation and transportation of employee remains?
Yes.
Subpart C--Allowances for Preparation and Transportation of Remains
Sec. 303-70.200 What costs must we pay for preparation and transportation of remains?
All actual costs including but not limited to:
(a) Preparation of remains:
(1) Embalming or cremation;
(2) Necessary clothing;
(3) A casket or container suitable for shipment to place of burial; and
(4) Expenses necessary to comply with local laws at the port of entry in the United States, and
(b) Transportation by common carrier (that is normally used for transportation of remains), hearse, other means, or a combination thereof, from the temporary duty station or official station outside CONUS to the actual residence or place of burial, including but not limited to:
(1) Movement from place of death to a mortuary and/or cemetery;
(2) Shipping permits;
(3) Outside case for shipment and sealing of the case if necessary;
(4) Removal to and from the common carrier; and/or
(5) Ferry fares, bridge tolls, and similar charges.
Note to Sec. 303-70.200: Costs for an outside case are not authorized for transportation by hearse. Costs for transportation by hearse or other means cannot exceed the cost of common carrier (that is normally used for transportation of remains). Transportation costs to place of burial cannot exceed the actual cost to the place of actual residence.
Subpart D--Transportation of Family Members, Baggage, and Household Goods
Sec. 303-70.300 Must we pay transportation costs to return the deceased employee's baggage?
Yes, to the employee's official duty station or actual residence. However, you may not pay insurance of or reimbursement for loss or damage to baggage.
Sec. 303-70.301 Are there any limitations on the baggage we may transport?
Yes. You may only transport Government property and the employee's personal property.
Sec. 303-70.302 When the employee dies at or while in transit to or from his/her official station outside CONUS, must we return the employee's immediate family, baggage and household goods to the actual residence or alternate destination?
Yes. However, your agency head or his/her designated representative must approve the family's election to return to an alternate destination, and the allowable expenses cannot exceed the cost of transportation to the decedent's actual residence. Travel and transportation must begin within one year from the date of the employee's death. A one-year extension may be granted if requested by the family prior to the expiration of the one-year limit.
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Sec. 303-70.303 Must we continue payment of relocation expenses for an employee's immediate family if the employee dies while in transit to his/her new duty station within CONUS?
Yes, if the immediate family chooses to continue the relocation, you must continue payment of relocation expenses for the immediate family if it was included on the employee's relocation travel orders. (See Sec. 303-70.305.)
Sec. 303-70.304 Must we continue payment of relocation expenses for an employee's immediate family if the employee dies after reporting to the new duty station within CONUS, but the family was in transit to the new duty station or had not begun his/her en-route travel?
Yes, if the immediate family chooses to continue the relocation, you must continue payment of relocation expenses for the immediate family if they were included on the employee's relocation travel orders. (See Sec. 303-70.305.)
Sec. 303-70.305 What relocation expenses must we authorize for the immediate family under Secs. 303-70.303 and 303-70.304?
When the immediate family chooses, the following expenses must be authorized:
(a) Travel to the new duty station; or
(b) Travel to an alternate destination, selected by the immediate family, not to exceed the remaining constructive cost of travel to the new duty station.
(c) Temporary quarters not to exceed 60 days, to be paid at the per diem rate for an unaccompanied spouse and immediate family.
(d) Shipment of household goods to the new or old duty station, or to an alternate destination selected by the spouse and/or immediate family. However, the cost may not exceed the constructive cost of transportation between the old and the new duty stations.
(e) Storage of household goods not to exceed 90 days.
(f) Reimbursement of real estate expenses incident to the relocation.
(g) Shipment of POV to the new or old duty station, or to an alternate destination, selected by the immediate family. However, the cost may not exceed the constructive cost of transportation between the old and the new duty stations.
Subpart E--Preparation and Transportation Expenses for Remains of Immediate Family Members
Sec. 303-70.400 When an immediate family member, residing with the employee, dies while the employee is stationed outside CONUS, must we furnish mortuary services?
Yes, if requested by the employee and when:
(a) Local commercial mortuary facilities and supplies are not available; or
(b) The cost of available mortuary facilities and supplies are prohibitive as determined by your agency head.
Note to Sec. 303-70.400: The employee must reimburse you for all authorized mortuary facilities and supplies.
Sec. 303-70.401 When an immediate family member, residing with the employee, dies while the employee is stationed outside CONUS, must we pay expenses to transport the remains?
Yes, if requested by the employee, payment must be made to transport the remains to the actual residence of the dependent. The employee may elect an alternate destination, which must be approved by your agency head or his/her designated representative. In that case, the allowable expenses cannot exceed the cost of transportation to the decedent's actual residence.
Sec. 303-70.402 When an immediate family member, residing with the employee, dies while the employee is stationed outside CONUS, may we pay burial expenses?
No.
Sec. 303-70.403 When a family member, residing with the employee, dies while in transit to the employee's duty station outside CONUS must we furnish mortuary services, and/or transportation of remains?
Yes, if requested by the employee. You must follow the guidelines in Sec. 303-70.400 and Sec. 303-70.401 for payment of these expenses.
Subpart F--Policies and Procedures for Payment of Expenses
Sec. 303-70.500 Are receipts required for claims for reimbursement?
Yes.
Sec. 303-70.501 To whom should we make payment?
You should pay:
(a) The person performing the service; or
(b) Reimburse the person who made the original payment.
Dated: August 19, 1998. John G. Sindelar, Acting Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 98-22915Filed8-26-98; 8:45 am]
BILLING CODE 6820-34-P
