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ALLOWANCES 100
CHAPTER 100 QUARTERS ALLOWANCES
110 GENERAL
111 Definition
"Quarters allowance" means an allowance granted under
the authority of title 5 U.S.C. 5923 and Sections 120 or
130 of these regulations.
112 Scope
The quarters allowance is intended to reimburse an employee
for substantially all costs for either temporary or residence quarters whenever Government-owned or Government-rented quarters
are not provided to the employee without charge. Such costs are those incurred for temporary quarters (temporary quarters subsistence allowance) or one unit of residence quarters (living quarters allowance). The temporary quarters subsistence allowance includes lodging, meals and laundry expenses while the living quarters allowance includes rent, plus any costs not included therein for heat, light, fuel, gas, electricity and water. The temporary quarters subsistence allowance and the living quarters allowance are not payable to an employee simultaneously, except under special circumstances specified in 124.1 and 132.41.
113 Advance Payments
113.1 General
In accordance with the criteria and restrictions set forth in
Sections 113.2 and 113.3, quarters allowances may be paid
in advance, or an advance of funds may be made therefor,
through the proper disbursing officer.
113.2 Advance of Funds for Temporary Quarters Subsistence Allowance
An advance of funds may be made for the temporary quarters subsistence allowance through the authorized disbursing officer. The
initial advance of funds for subsistence expenses shall
not exceed the maximum amount allowable under Sections
123 or 124 for the first 30 day period. Thereafter, funds may be advanced for subsequent periods (not to exceed the maximum amount for each subsequent 30 day period) as authorized by the agency.
113.3 Advance Payment of Living Quarters Allowance
a. Advance payment of living quarters allowances may be made
in localities where local custom necessitates such advance
payments for periods of at least 3 months and where the
individual lessor requires the customary advance payment of rent.
b. Additionally, at posts which require initial excessive rental
expenses (see definition of rent in Section 131.2), employees
may receive an advance of the living quarters allowance
not to exceed 3 months of the annual rate of payment.
c. Refundable security deposits cannot be included in the advance.
Agent's fees cannot be included in the advance unless there
exist the specific conditions cited in Sections 131.2 and
131.3.
113.31 Private Leases
At posts where a determination has been made under Section 113.3
that advance payments are required, employees should endeavor to have the lessor accept a minimum advance rental payment. Wherever possible, leases should contain a 30-day cancellation clause; provide for refund of the remaining portion of the prepaid rent to the lessee in case of cancellation; provide for the privilege of subletting or assigning to another employee, or other person, at the
lessee's option; and provide for payment of the rental in local currency.
113.32 Application for Advance Payment
Application for advance payment of living quarters allowance
must be stated in United States dollars and submitted to
the official authorized to grant the employee's quarters
allowance.
113.33 Approval of Advance Payment
The approval of the application for an advance payment of living
quarters allowance shall be in U.S. dollars in order to simplify the
accounting and to lessen the possibility of loss by exchange
to the Government or to the employee in the event a refund
of any part of the advance payment is necessary prior to the expiration of the period covered.
113.34 Form of Payment
Advance payment of living quarters allowances, when authorized
under Section 113.3, shall be computed in U.S. dollars.
Payment may be made in dollar instruments or in local currency
as appropriate.
113.35 Amount of Advance Payment
a. The amount that may be paid in advance to any employee shall
be for a period of not less than 3 months or of more than
one year unless specifically approved by the officer designated to authorize allowances, and shall not exceed: (1) the rate of the employee's living quarters allowance authorized in accordance with subsection 130, or (2) the total rent advanced to the lessor, whichever is less.
b. For initial excessive rental expenses (Section 113.3b), advance
living quarters allowance may be authorized for periods of less than 3 months.
113.4 Recovery of Unpaid Balance of Advance Payments for
Rent
Upon transfer or separation of the employee, any balance of
an advance payment for a temporary quarters subsistence allowance or a living quarters allowance which has not been repaid to the Government shall be recoverable in U.S. dollars by the Government except as provided hereinafter. The recovery may be made by setoff against accrued allowances, salary, pay, compensation credit, or other amount due from the Government to the employee, and by such other method as may be provided by law for the recovery of amounts owing to the Government. In unusual circumstances when it is shown that the advance rent, excluding any subsistence expense, paid has not been recovered by the employee after all reasonable steps have been taken for such recovery and that recovery from the employee would be against equity and good conscience or against the public interest, the head of agency may waive, in whole or in part, any right of recovery under this subsection. Showings that merit exercise of this waiver include circumstances where the employee: (1) is transferred in emergency situations such as evacuation,
or a Government agency has directed his/her transfer on exceptionally short notice owing to urgent need for his/her services at another post on a continuing basis, or (2) has left the post after receiving a notice of involuntary separation. In exercising the authority to waive repayment in the above or equally unusual circumstances the head of agency is expected to satisfy himself/herself that the employee has taken all reasonable steps to dispose of his/her quarters to others, including efforts to sublease or assign even at a financial sacrifice, and that the unpaid balance did not result from any action within the control of the employee. Any waiver granted under this section shall be reported promptly to the Secretary of State, citing these regulations and describing the circumstances.
120 TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE
121 Definition
"Temporary quarters subsistence allowance" means an allowance granted to an employee for the reasonable cost of temporary quarters, meals and laundry expenses incurred by the employee and/or family members:
a. for a period not to exceed 90 days after first arrival at
a new post in a foreign area or a period ending with the
occupation of residence (permanent) quarters, if earlier;
or
b. for a period not to exceed 30 days immediately preceding
final departure from the post subsequent to the necessary
vacating of residence quarters.
122 Scope
122.1 Purpose
The temporary quarters subsistence allowance is intended to
assist in covering the average cost of adequate but not elaborate or unnecessarily
expensive accommodations in a hotel, pension, or other
transient-type quarters at the post of assignment, plus reasonable meal
and laundry expenses for a period not in excess of 90 days after first arrival at a new post of assignment in a foreign area, ending
with the occupation of residence quarters if earlier, or
30 days immediately preceding final departure from the post following necessary
vacating of residence quarters.
122.2 Extension
The 90 and 30 day temporary quarters subsistence periods may
be extended up to but not more than an additional 60 days
in each case if it is determined by the head of agency that compelling
reasons beyond the control of the employee require continued occupancy
of temporary quarters.
123 Temporary Quarters
Subsistence Allowance Upon First Arrival
123.1 Commencement
The temporary quarters subsistence allowance grant to an employee
upon first arrival at a new post, including an employee
or family member occupying temporary quarters at no expense,
(e.g. government-owned or leased housing), shall commence as of the applicable
date shown below, or the date expenses for temporary lodging are incurred, if later:
a. the date the employee arrives at a new post;
b. the date a family member arrives at the new post prior to
employee when the employee is delayed because of being
ordered to report at another place for consultation or
detail;
c. the effective date of transfer when the employee is already
at the post to which transferred, (in this instance the
90 day period begins on the date of transfer); or
d. the date of return of the employee to the post after a temporary
absence within the 90 days after first arrival (or the
arrival of a family member if earlier), in circumstances
where no temporary quarters subsistence allowance was paid for the period of the employee's absence.
123.2 Termination
The temporary quarters subsistence allowance granted upon first
arrival at a new post shall terminate as of the earliest
of the following dates:
a. on the 91st day following first arrival of the employee or
family member, if earlier, unless an extension is authorized
under Section 122.2 by the head of agency;
b. the date temporary quarters are no longer occupied;
c. the date of occupancy of residence (permanent) quarters;
d. the date of the employee's departure, or the date of departure
of family members if later, under transfer orders. Where
the employee's departure for transfer precedes that of
family members, the temporary quarters subsistence allowance at his/her previous post shall not extend beyond the date immediately
preceding the date of arrival at his/her new post; or
e. the date of separation from a Federal agency.
123.3 Amounts
The amount of the temporary quarters subsistence allowance which
may be reimbursed shall be the lesser of either the actual
amount of allowable expenses incurred by the employee and family members
for each time period or the amount computed as follows:
123.31 First Thirty Days
a. For the initial occupant (employee or family member age 12
or over), a daily rate not in excess of 75% of the
per diem rate listed for the foreign post in Section 925 of the Standardized Regulations
(Government Civilians, Foreign Areas); and
*b. For each additional occupant, whether employee or family
member age 12 or over, 50% of the per diem rate listed for the foreign
post. (Eff. 4/26/98)
*c. For each family member occupant under age 12, 40% of the
per diem rate listed for the foreign post. (Eff. 4/26/98)
123.32 Second Thirty Days
a. For the initial occupant (employee or family member age 12
or over), a daily rate not in excess of 65% of the per
diem rate listed for the foreign post in Section 925 of the Standardized Regulations
(Government Civilians, Foreign Areas); and
*b. For each additional occupant, whether employee or family
member age 12 or over, 45% of the per diem rate listed for the foreign
post. (Eff. 4/26/98)
*c. For each family member occupant under age 12, 35% of the
per diem rate listed for the foreign post. (Eff. 4/26/98)
123.33 Third Thirty Days
a. For the initial occupant (employee or family member age 12
or over), a daily rate not in excess of 55% of the per
diem rate listed for the foreign post in Section 925 of the Standardized Regulations
(Government Civilians, Foreign Areas); and
*b. For each additional occupant, whether employee or family
member age 12 or over, 40% of the per diem rate listed for the foreign
post. (Eff. 4/26/98)
*c. For each family member occupant under age 12, 30% of the
per diem rate listed for the foreign post. (Eff. 4/26/98)
123.34 Additional Sixty Days:
When the head of agency determines, on a case by case basis,
that an extension of time is necessary due to compelling reasons beyond
the control of the employee, up to an additional sixty
days may be authorized, computed at the same rates established
for the third thirty day period.
123.35 Reduction When No Cost Quarters
are Occupied
When no cost temporary housing is occupied by the employee an
amount not to exceed one-half of the amount established in 123.3 for each
occupant shall be the maximum amount payable for actual
itemized meal and laundry costs while occupying such quarters.
123.36 Excessive Lodging Costs After
the First 30 Days
In exceptional circumstances when temporary lodging facilities
in the locality are extremely limited and necessary lodging costs are
excessive, the head of agency may authorize an amount of actual expenses
incurred not to exceed the rate produced by Section 123.31.
Prior to exercise of this authority the authorizing official
must certify in writing that every effort has been made
to obtain a lower lodging rate for the period in question. All other alternatives
should be exhausted before this special authorization is used.
124 Temporary Quarters
Subsistence Allowance Preceding Final Departure
124.1 Commencement
If the head of agency determines that it is necessary for an
employee to occupy temporary quarters immediately preceding
final departure from the post, the grant of a temporary
quarters subsistence allowance may commence as of the latest of the following dates:
a. the date following the necessary vacating of government owned or leased quarters or termination of the living quearters allowance grant (exception: the head of agency or designee may determine that up to five days are required for payment of both the living quarters allowance and the temporary quaters subsistence allowance because the employee must necessarily vacate permanent residence quarters in order to comply with stringent lease requirements for cleaning and repair);
b. the date expenditures for temporary lodging are first incurred
following the necessary vacating of residence quarters.
However, see Section 124.33 for employee occupying no cost
temporary quarters. The agency head or designee may authorize the grant of temporary quarters subsistence allowance up to five days prior to the termination of the grant of living quarters allowance if such agency head or designee determines that it is necessary for the employee to vacate existing quarters in order to meet lease requirements for cleaning and repair.
124.2 Termination
A temporary quarters subsistence allowance granted immediately
preceding the employee's final departure from the post
shall terminate as of the earliest of the following dates:
a. on the 31st day following commencement of the grant unless
an extension is authorized under Section 122.2 by the head
of agency;
b. the date expenses for temporary lodging are no longer incurred;
however, see Section 124.33 for employee occupying no cost
temporary quarters;
c. the date of the employee's departure, or the date of departure
of family members if later, under transfer orders. Where
the employee's departure for transfer precedes that of
family members, the temporary quarters subsistence allowance at the previous post shall not extend beyond the date preceding the
date of the arrival of the new employee at the new post;
or
d. the date of separation from a Federal agency.
*124.3 Amounts (Eff. 4/26/98)
The amount of the temporary quarters subsistence allowance which
may be reimbursed shall be the lesser of either the actual
amount of allowable expenses incurred by the employee and
family members for each time period or the amount computed as follows:
124.31 First thirty days
a. For the initial occupant (employee or family member age 12
or over), a daily rate not in excess of 75% of the per
diem rate listed for the foreign post in Section 925 of the Standardized Regulations
(Government Civilians, Foreign Areas); and
*b. For each additional occupant, whether employee or family
member age 12 or over, 50% of the per diem rate listed
for the foreign post. (Eff. 4/26/98)
*c. For each family member occupant under age 12, 40% of the
per diem rate listed for the foreign post. (Eff. 4/26/98)
124.32 Additional sixty days
When the head of agency determines, on a case by case basis,
that an extension of time is necessary due to compelling reasons beyond
the control of the employee, up to an additional sixty
days may be authorized as follows:
(1) First thirty day extension
(a) For the initial occupant (employee or family member age
12 or over), a daily rate not in excess of 65% of the foreign
per diem rate listed for the post in Section 925 of the
Standardized Regulations (Government Civilians, Foreign Areas); and
*(b) For each additional occupant, whether employee or family
member age 12 or over, 45% of the per diem rate listed
for the foreign post. (Eff. 4/26/98)
*(c) For each family member occupant under age 12, 35% of the
per diem rate listed for the foreign post. (Eff. 4/26/98)
(2) Second thirty day extension
(a) For the initial occupant (employee or family member age
12 or over), a daily rate not in excess of 55% of the foreign
per diem rate listed for the post in Section 925 of the
Standardized Regulations (Government Civilians, Foreign Areas); and
*(b) For each additional occupant, whether employee or family
member age 12 or over, 40% of the per diem rate listed
for the foreign post. (Eff. 4/26/98)
*(c) For each family member occupant under age 12, 30% of the
per diem rate listed for the foreign post. (Eff. 4/26/98)
124.33 Reduction When No Cost Quarters
are Occupied
When no cost temporary quarters are occupied by the employee
an amount not to exceed one-half of the amount established in 124.3 for
each occupant shall be the maximum amount payable for actual
itemized meals and laundry costs while occupying such quarters.
124.34 Excessive Lodging Costs After
the First 30 Days
In exceptional circumstances when temporary lodging facilities
in the locality are extremely limited and necessary lodging costs are
excessive, the head of agency may authorize an amount of actual expenses
incurred not to exceed the rate produced by Section 124.31.
Prior to exercise of this authority the authorizing official
must certify in writing that every effort has been made
to obtain a lower lodging rate for the period in question. All other alternatives
should be exhausted before this special authorization is used.
*125 Determination of Rate (Eff. 4/26/98)
The rate at which the temporary quarters subsistence allowance
may be granted shall be the total amount of the reasonable and necessary
expenses for the employee and family members for meals,
including tax, service charges and tips, laundry/dry cleaning and temporary lodging (including room and bath, heat, light, fuel, water and the
cost of service fees and taxes imposed by the management or local government
upon the occupant during the period or periods allowed by Sections 123
and 124) or the total of the maximum rates for such period or
periods, whichever is less. The location of the temporary quarters must
be within reasonable proximity of the post. Evidence of the daily cost
of meals shall be a certified statement by the employee. Agencies
shall determine how detailed they want this statement: either a per day
meal statement or a per meal/per day statement. Supporting receipts or
other appropriate documentation for the daily cost of temporary lodging
and laundry/dry cleaning shall also be supplied. Only actual subsistence
expenses incurred, which are reasonable in amount and incident to the occupancy
of temporary quarters, shall be reimbursed. Section 960 TQSA Worksheet
may be used to support a TQSA claim.
The daily actual expenses for temporary lodging, meals (including
groceries consumed during occupancy of temporary quarters), fees and tips
incident to meals and lodging, laundry and cleaning of clothing will be
totaled for each 30 day period to permit a comparison with the maximum
amount for each specified period. If less than a 30 day period is authorized,
or used, the maximum allowable amount will be based on the number of days
authorized, or used, multiplied by the applicable daily rate. Expenses
of local transportation and other expenses not directly
related to lodging, meals and the laundry/dry cleaning of clothes are not
reimbursable under this allowance.
126 Special Rules
126.1 Married Couple Employees at the
Same Post
Each married couple employee may be granted the "initial occupant"
rate under Sections 123 and 124, but only one of the couple
may be granted applicable amounts for any additional family
members (excluding spouse). Alternatively, the couple may agree to consider
one spouse as a family member only.
126.2 Payment During Periods of Official
Travel
The temporary quarters subsistence allowance may continue on
behalf of any individual (employee or family member) during any period
of official travel which authorizes per diem on behalf of that individual.
However, payment shall be authorized only when the head
of agency has determined that the employee has acted responsibly in retaining temporary quarters during the period of official travel.
Payment for the temporary quarters maintained at the post of assignment
shall be computed using only the lodging portion of the
applicable per diem rate and the formulas found in Sections
123.3 and 124.3.
127 Prohibitions
Any post allowance which would be otherwise authorized under
Section 220 of these regulations shall not be paid for
any period during which the temporary quarters subsistence
allowance is paid.
128 Effective Dates of Revisions
The temporary quarters subsistence allowance grant shall be
appropriately revised as of:
a. the effective date of an authorized change in the per diem
rate of the post as shown in Section 925 of the Standardized
Regulations, (Government Civilians, Foreign Areas);
b. the date of change in the employee's family size.
*129 Payment(Eff. 4/26/98)
The grant of the temporary quarters subsistence allowance may
be paid in a lump-sum amount. The allowance must be claimed
by the employee on the Standard Form 1190. The employee should list the
following in Box 15, Remarks: (1) Temporary Quarters occupied by
the employee and family; (2) total claim being made fro quarters and subsistence;
and (3) total of any advance of funds provided under Section 113.2. Receipts
and other documentation required by Section 125, or pertinent
agency regulations, should be attached to the SF-1190 prior to submission
to the approval or granting official of the agency.
130 LIVING QUARTERS ALLOWANCE
131 Definitions
131.1 "Living quarters allowance",
hereinafter referred to as LQA, means a quarters allowance
granted to an employee for the annual cost of suitable, adequate, living
quarters for the employee and his/her family.
131.2 "Rent", exclusive of heat, light,
fuel (including gas and electricity), water and taxes,
means the annual cost of suitable, adequate living quarters for an employee and his/her family. When approved by the head of agency as necessary
to provide such living quarters, rent may include in addition to the basic
annual rental, the cost of: (1) rental of garage space
for one car only for each employee, at not to exceed 25
percent of the employee's applicable maximum annual quarters allowance
rate, regardless of whether such space is included with the quarters; (2)
separate rental of necessary furniture at not to exceed
25 percent of the applicable maximum annual quarters allowance rate, meaning
rental of necessary basic furniture and/or equipment, etc.,
but exclusive of pianos, other musical instruments, radios, television
sets, etc. from source other than the landlord (rental of furniture and/or
space from the same source under two agreements or contracts is considered
to be rental of "furnished quarters"); (3) insurance on
the property and/or furnishings so rented, if such insurance is required
by local law to be paid by the lessee; (4) agent's fee if mandatory by law or custom and if lessee payment
of fee is a condition of obtaining a lease. Fee must by
paid by lessee to landlord who is obligated to pay the fee and must not
be paid by lessee directly to agent; (5) interest on a loan from an
American institution to finance "key money" paid to a landlord; and (6) garbage and trash disposal. The costs of the following may not be included in rent: (1)
concierge or notary's fees; (2) agent's fee except under conditions stated
above; (3) telephone installation or maintenance; (4) deterioration of
property or furnishings; (5) servant's wages or maintenance; (6) tips;
(7) cleaning; (8) storage; (9) garden or lawn service;
(10) servants' quarters, unless considered part of the same property with
the living quarters; and (11) any other
extraneous expenses not directly related to rent as such.
131.3 Scope
The LQA rates are designed to cover substantially all of the
average employee's costs for rent, heat, light, fuel, gas, electricity,
water, taxes levied by the local government and required by law or custom
to be paid by the lessee, insurance required by local law
to be paid by the lessee, and agent's fee required by law
or custom to be incurred by landlord and paid by lessee.
132 Granting
132.1 Commencement of Grant
132.11 Newly Appointed or Transferred
Employees
An LQA grant to a newly appointed or transferred employee shall
commence at his/her post as of one of the following dates,
whichever is latest:
a. the date of employee's arrival, except: (1) when the employee's arrival at the new post is delayed because of his/her being
ordered to report to another place for consultation or temporary duty and
his/her family arrives at the post before the employee, the grant shall commence as of the date of arrival of his/her family, and (2)
as otherwise provided in Chapter 700 with respect to Defense Department
teachers;
b. the effective date of transfer if the employee is on detail
or leave at the post to which transferred;
c. the date of entrance on duty, if recruited locally;
d. the date following termination of a temporary lodging allowance;
or
e. the date expenses for quarters are incurred.
132.12 Employees Not Newly Appointed
or Transferred Who Become Eligible
The LQA grant to any employee not paid under Section 132.11
shall commence as of the latest of the following dates:
a. the date the employee ceases to occupy quarters for which
he/she pays no rent;
b. the date the employee returns to his/her post after an absence
during which his/her temporary lodging or LQA has been
terminated (Section 132.4);
c. the date the employee's family returns if they precede him/her
to the post after such absence; or
d. the date expenses for quarters are incurred.
132.2 Continuance of Grant
The LQA grant may continue, provided the employee maintains
and pays for his/her quarters at the post:
a. not to exceed 60 calendar days during authorized leave with
pay, plus transit time when leave is taken in the United
States;
b. when the head of agency determines that continuance of the
grant would be in the public interest:
(1) up to an additional 60 calendar days beyond the 60 day period
specified in Section 132.2a above;
(2) while the employee is in non-pay status not in excess of
30 calendar days at any one time. For periods in non-pay
status longer than 30 calendar days, payment shall be suspended
as of the day the employee enters such status, and payment
is not to be made for any part of such period; or
(3) not to exceed 60 calendar days (or the end of the current
school year when the employee is receiving an education
allowance for a member of family) when the employee dies
and unavoidable expense continues to be incurred for lease termination
or family housing prior to the family's final departure from the post;
c. while the employee is temporarily absent from the post under
orders;
d. at the "with family" rate for a period not to exceed 6 months
while all members of the family of an employee are temporarily
absent from the post. (See Section 132.3e.)
132.3 Revision of Grant
LQA grants for all employees shall be appropriately revised,
if required, as of the following dates:
a. the effective date of an authorized change in the classification
of the post;
b. the first day of the pay period next following the date of
any of the following occurrences (or the date of the occurrence,
if such falls on the beginning of a pay period):
(1) a change in the personnel classification or position of
the employee affecting the amount of any LQA payable (Section
134.14);
(2) a change in the employee's family status; or
(3) a determination by the head of agency under Section 134.2;
c. the 61st consecutive calendar day following commencement
of a "with family" LQA grant authorized under Section 134.11,
when the family has not arrived at the post;
d. the date of any change in the salary (Section 040l) of an
employee who is advanced temporarily from a subordinate
position to a position in charge of the operations of an
agency at a post, except that no employee other than those specified
in Section 135.2 as eligible for quarters allowance in group 1 may be granted the allowance prescribed for that group in Section 135.5;
or
e. the first day following 6 months absence from the post of
all members of an employee's family (Section 132.2d). Revision
shall be from the "with family" rate to the "without family"
rate.
132.4 Termination of Grant
132.41 Transfer
When an employee is transferred (Section 040q) from a post at
which an LQA has been granted, such grant shall terminate
as of the following dates, whichever is earliest:
a. the date immediately preceding the effective date of the
employee's pre-departure temporary quarters subsistence allowance grant, except that the agency head or designee may continue LQA for a period of five days following commencement of the temporary quarters subsistence allowance grant if it determines that it is necessary for the employee to vacate existing quarters for such period in order to meet lease requirements for cleaning and repair;
b. the date the employee commences travel under the transfer,
or combined leave and transfer order; or
c. the effective date of transfer, when no travel by the employee
under the transfer is involved.
132.42 Separation
When an employee is separated (Section 040r) while assigned
to a post at which an LQA has been granted, such grant
shall terminate at the end of the last day of his/her employment
(except as provided in Section 132.2b(3)).
132.43 Occupancy of Government Quarters
When an employee to whom an LQA has been granted is furnished Government-owned or -leased quarters at no personal cost, the
grant shall terminate on the date immediately preceding that on which the
Government quarters are made available to him/her, unless
he/she occupies Government-owned or -leased quarters only
during the temporary absence of the regular occupant and at the same time
is obliged to maintain his/her own quarters.
132.44 Cessation of Payment for Quarters
When an employee to whom an LQA has been granted ceases to maintain
and pay for quarters at post, the grant shall terminate
on the date expenditure for quarters ceases, unless it would terminate
prior to such date under the provisions of any other section.
*132.5 Costs (Eff. 4/26/98)
Employees shall submit written estimates of costs, or actual
costs if they are known, to the head of agency on Section
960 LQA Annual/Interim Expenditures Worksheet attached to the SF 1190,
Foreign Allowances Application, Grant, and Report, whenever an LQA grant
commences. Thereafter, each employee shall show the actual annual
expenses of rent and utilities, supported by receipts or other satisfactory
evidence, whenever requested by the officer designated to grant allowances,
the Department of State, or other responsible authority. (See also Sections
077.2 and 134.16.)
133 NOT CURRENTLY USED
134 Determination of rate
Except as otherwise prescribed in Sections 134, 136 and 137,
an employee shall receive an allowance for allowable quarters costs for
items listed in Sections 131.2 and 131.3 or the maximum rate for the post
(Section 040h) indicated in Sections 920 and 135, whichever is less, unless the rate is revised by administrative action in accordance
with Sections 134.2, 136 and 137.
134.1 Special Rules
134.11 "With Family" Rate Pending Arrival
of Family
At the discretion of the head of agency, the appropriate "with
family" rate of living quarters allowance may be granted
to an employee who, in anticipation of the arrival of his/her family, incurs expenses
for family type quarters. If the family does not arrive
at the post within 60 consecutive calendar days after commencement
of the grant, it shall be revised in accordance with Section
132.3c.
134.12 "With Family" Rate When Dependent
Away at School or College
Despite the provisions of Sections 132.3e and 134.11, a dependent
as defined in Section 040m(2) and (4), temporarily absent
from the post owing to attendance at school or college
may be considered as residing at the post in determining
the appropriate "with family" rate of living quarters allowance.
134.13 Married Couples Rates
The following rates of quarters allowances may be granted to
married couples residing together:
a. if both are civilian employees of the United States Government
eligible for a quarters allowance (Sections 031.11 and
031.12) and have members of family (Section 040m), one
employee at his/her option may receive the basic "with
family" allowance rate plus increments for additional family members.
The other employee may receive the "without family" rate. In determining
the increment for additional family members both employees should
be excluded. Where the couple has no additional members of family each employee may be granted the "without family" rate;
b. if only one of the married couple is eligible for a quarters
allowance from the United States Government, the "with
family" rate may be granted to that employee plus increments
for additional members of the family;
c. an employee eligible for a quarters allowance who is married
to, and residing at the post with, a member of the military service
of the United States may be granted the "without family"
rate if the spouse in the military service draws a quarters
allowance. If the spouse in the military draws no rent allowance, the employee may be granted
the "with family" rate plus increments for additional members of the family,
except that no payment shall be made to the spouse of a
member of the military service if the spouse resides with
the member of the military service in Government-owned
or leased quarters.
134.14 Employee Downgraded in Position
to Lower Quarters Groups
Despite the provisions of Section 132.3b(1), an employee who
is downgraded in position level so as to fall in a lower
quarters group (Section 135.2), but whose grade is retained
temporarily at the previous grade level under 5 U.S.C.
5362 shall be granted the living quarters allowance applicable for his/her retained grade and quarters group, subject to other pertinent provisions of these regulations. This provision is effective as
long as the employee remains on grade retention.
134.15 Agent Fee
If an agent fee incurred under the specific conditions cited
in Section 131 has been advanced or is to be reimbursed
to an employee, reimbursement or repayment by the employee within the maximum
rate must be prorated over the period covered by the employee's lease.
134.16 Excessive
Fluctuation in Utilities or Other Quarters Costs
In situations where excessive fluctuations in utilities or other
allowable quarters costs are occurring and initial estimates for them are
difficult, the annual LQA for the post, as indicated in
Sections 920 and 135 may be granted in even amounts throughout
an annual period up to but not including the last pay period
thereof. At that time, or at the termination of LQA grant
at any other time, the employee's actual annual expenses for utilities and other allowable quarters costs shall be reconciled with the
amount granted and, for the last pay period, the payment
to the employee shall be adjusted to provide for additional LQA payment
within the maximum rate or for recovery of any overpayment during the annual
period. If more than one conversion rate has been used during the period,
an average conversion rate shall be used for the reconciliation.
The annual period shall be bounded either by the end of
the reporting period specified in Sections 077.2 and 920 or
by the end of the calendar year, whichever is consistent with agency procedures. To prevent excessive in-pocket amounts during the annual period,
the payments to employee shall not exceed 125 percent of
employee's initial estimates for annual allowable expenses
within the maximum rate. A repayment agreement shall be executed by the employee to enable
recovery of unjustified disbursements during the annual
period.
134.2 Responsibility of Head of Agency
a. Regardless of any other provisions of these regulations,
the head of agency Section 040e) is required to authorize
payment of less than the full amount of the LQA or to withhold
payment altogether:
(1) when the employee lets, sublets, or otherwise contracts
for the use of his/her quarters or any part thereof (including
related services, furniture, or other goods), or
(2) when there is a significant devaluation in the rate of exchange. The head of agency shall take such steps as he/she may determine
necessary, including authorized inspection of quarters,
in the implementation of this provision.
b. At posts where there is established a duly constituted U.S.
rental advisory board (or committee), any employee under
jurisdiction of such board shall receive as LQA an amount
(within the rate prescribed for the employee by Sections 920 and 135) which the board may determine to be proper under the circumstances, regardless of any other provision of these regulations.
135 Payment
135.1 Rates of Payment
The rate of payment of the various quarters allowances is obtained
by applying the appropriate allowance classification of the post in Section
920 to Sections 135.2 through 135.5. Rates so obtained for the living quarters
allowance are maximum and the employee receives either
the maximum rate or the amount of allowable expenses, whichever is lower. LQA shall be computed and paid at annual rates, divided by the number
of days in the calendar year to obtain a daily rate (counting 1/2 cent
and over as a whole cent); multiplying the daily rate by 14 to obtain a
biweekly rate; and multiplying the daily rate by the number of days involved
to obtain the rate for any other period. The rate for any
split pay period at the end of a calendar year shall be computed at the
daily rate applicable on the first day of that pay period. A revision in
the rate of payment for the last pay period of an annual period or at termination
of LQA may be required under provision of Section 134.16.
135.2 Quarters Allowance Groups
The table below is a grouping by personnel classification of
the various categories of Government personnel who are
eligible for living quarters allowances, viz., Chiefs of
Mission as defined in 22 U.S.C. 3902 and Career Ambassadors as defined
in 22 U.S.C. 3903; Foreign Service (FS); General Schedule
employees (GS); Agency for International Development employees (AID-FC);
and wage board employees and teachers of the Departments
of the Air Force, Army, and Navy. | 