REGULATIONS COVERING PAYMENT OF DIFFERENTIAL WHILE ON TDY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200190012-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: November 11, 2016
• Document Release Date: January 22, 2001
• Sequence Number: 12
• Publication Date: November 21, 1954
• Content Type: MEMO

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~office emoran um ? UNITED STATES GOVERNMENT
TO : Office of the General Counsel DATE: 1 Nt vemll st 19,53 ;-
FROM : Acting Chief, Finaneq-: ?ivision
SUBJECT: Regulations Covering Payment of Differential While on TDY
1. From time to time, this office is contacted by Headquarters
personnel who have recently made a TDY trip to some Differential Post
located outside the continental United States wth.a request that
reimbursement be made for differential due for the time spent at
such post. Separate regulations cover foreign posts and territorial
posts. Your assistance is requested in interpreting the regulations
because of certain differences in definitions so that suitable
procedures for payments may be developed.
2. Standardized Regulations (Government Civilians, Foreign
Areas) provides for the payment of salary differential to employees
serving at foreign differential posts or in foreign differential
areas when they are on detail to such a post or area and defines
"on detail" as follows:
The temporary dssian-ient of temporary duty of an
employee away from his permanent station not classi-
fied for differential to a post or area which is so
classified,Lor away from his permanent station which
is. classified for differential to a post or area
classified at a higher rate, when the period of such
assignment or duty is actually 60 calendar days or
more, or when the head of the agency shall have
determined by appropriate personnel documentation
that the contemplated duration of the temporary
assignment or temporar duty is for a substantial
period of time estim,.ted at not less than 60 calendar
days."
"2. The temporary assig-mnent or temporary duty of an
employee away from his permanent station which is
classified for differential to a post or area which
is not classified, or classified at the seine or a
lower rate, for a period of more than fourteen
consecutive calendar days counted from date of
arrival at such post or area."
3. The amount of time spent at the TDY post is the determining
factor as to whether an employee on temporary duty to a foreign post
is entitled to payment of the differential applicable to that post.
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4. Chapter 21, Part 350 of the Federal Personnel Manuel
provides for the payment of Territorial Post Differential and
Territorial Cost of Living of employees when on detail and
defines "on detail" as follows:
"On detail at a post of duty means performing
temporarily at a post other than the post of regular
assignment, duties which involve carrying out functions
of the post to which detailed. An employee is not 'on
detail' to a post if he is there temporarily, in a
travel status, performing duties in connection with
the duties of his regular position at another post."
5. In the latter instance it appears that the time spent at
the post is not for consideration but rather the determining factor
is whether the employee was performing duties which involve carrying
out functions of the temporary post,-or if the duties there are in
connection with his regular position at Headquarters or another post
of regular assignment.
6. The Federal Personnel Manual definition of "on detail"
which is quoted above indicates that an employee is not on detail to
a post if he is there temporarily,?in a ,travel status, performing
duties in connection with the duties of his regular position at
another post.
7. Your opinion is requested as to the proper interpretation
to be placed upon the statement "in a travel status." Is an
employee considered to be in a travel status regardless of the
duration of the temporary duty? In the case of a TDY trip to a
United States territory or possession would this office be correct
in assuming that the time spent there is of no consequence but
rather the duties which the enroloyee performed would be the-deter-
mining factor for an employee's eligibility to receive payment of
the applicable territorial post differential?
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